Welsh Statutory Instruments
Rating And Valuation, Wales
Made
22 January 2014
Coming into force in accordance with article 1
The Welsh Ministers make the following Order in exercise of the powers conferred on the Treasury by paragraph 5(3) of Schedule 7 to the Local Government Finance Act 1988(1) and which are now vested in the Welsh Ministers so far as exercisable in relation to Wales(2).
A draft of this Order was laid before, and approved by a resolution of, the National Assembly for Wales in accordance with paragraph 5(15) of Schedule 7 to the Local Government Finance Act 1988(3).
1.—(1) The title of this Order is the Non-Domestic Rating (Multiplier) (Wales) Order 2014.
(2) This Order comes into force on the day after the day on which it is made(4).
(3) This Order applies in relation to Wales.
2. For the purposes of paragraph 3B of Schedule 7 to the Local Government Finance Act 1988, in the financial year beginning on 1 April 2014, B is specified as 249.
Lesley Griffiths
Minister for Local Government and Government Business, one of the Welsh Ministers
22 January 2014
(This note is not part of the Order)
This Order is made under paragraph 5(3) of Schedule 7 to the Local Government Finance Act 1988 (“the Act”).
In relation to Wales, the non-domestic rating multiplier is calculated in each financial year when new lists are not being compiled in accordance with paragraph 3B of Schedule 7 to the Act. 2014 is a year when new lists are not being compiled. The formula in paragraph 3B includes an item B which is the retail prices index for September of the financial year preceding the year concerned.
However, paragraph 5(3) of Schedule 7 to the Act enables the Welsh Ministers by order to specify an alternative amount for item B. If the Welsh Ministers exercise that power in relation to a financial year the alternative amount so specified must be lower than the retail prices index for September of the preceding financial year.
This Order specifies that for the financial year beginning on 1 April 2014 the amount for item B will be 249.
The Order will only come into force if it is approved by resolution of the National Assembly for Wales (“the Assembly”) before the Assembly approves the local government finance report for the financial year beginning on 1 April 2014. Under paragraph 5(15) of Schedule 7 to the Act an order made by the Welsh Ministers under paragraph 5(3) of Schedule 7 to the Act, in its application to a particular financial year, will not become effective unless it is approved by resolution of the Assembly before the approval by the Assembly of the local government finance report for the year, or before 1 March in the preceding financial year (whichever is earlier).
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Local Taxation Policy Branch, the Local Government Finance and Public Service Performance Division, Welsh Government, Cathays Park, Cardiff CF10 3NQ.
The powers under paragraph 5(3) of Schedule 7 to the Local Government Act 1988 are now vested in the Welsh Ministers so far as exercisable in relation to Wales. They were previously vested in the National Assembly for Wales by virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), they were transferred to the Welsh Ministers.
Paragraph 5(15) of Schedule 7 to the Local Government Finance Act 1988 was inserted by paragraph 25(2) of Schedule 7 to the Local Government Act 2003 (c.26). It was substituted by paragraph 39(4)(d) of Schedule 1 to the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388).
Under paragraph 5(15) of Schedule 7 to the Local Government Finance Act 1988 an order made by the Welsh Ministers under paragraph 5(3) of that Schedule, in its application to a particular financial year (including an order amending or revoking another), will not become effective unless it has been approved by resolution of the National Assembly for Wales before the approval by the National Assembly of the local government finance report for the year, or before 1 March in the preceding financial year (whichever is earlier).