The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2004

Statutory Instruments

2004 No. 3389

COUNCIL TAX, ENGLAND

RATING AND VALUATION, ENGLAND

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2004

Made

21st December 2004

Laid before Parliament

23rd December 2004

Coming into force

13th January 2005

The First Secretary of State, in exercise of the powers conferred by section 143(1) and (2) of, and paragraphs 1 and 2(2)(ga) of Schedule 9 to, the Local Government Finance Act 1988(1), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2004 and shall come into force on 13th January 2005.

Amendments to the 2003 Regulations

2.—(1) The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003(2) are amended in accordance with paragraphs (2) to (7).

(2) In paragraph 3 of Part 1 of Schedule 2, for “multiplier” substitute “multipliers”.

(3) In paragraph 5 of Part 1 of Schedule 2, before paragraph (a) insert—

“(aa) the chargeable amount would fall to be calculated under section 43(4A) of the 1988 Act;”.

(4) In paragraph 6 of Part 1 of Schedule 2, for the Explanatory Notes substitute the Explanatory Notes set out in Schedule 1 to these Regulations.

(5) In paragraph (b) of Part 2 of Schedule 2, for the paragraphs under the heading “Rate relief for businesses in rural areas” substitute—

• “Certain types of properties in a rural settlement with a population below 3,000 - the only general store, post office or food shop and with a rateable value of less than £7,000 or the only public house or petrol station and with a rateable value of less than £10,500 - may be entitled to relief. The property has to be occupied and an eligible ratepayer is entitled to relief at 50% of the full charge whilst the local council also has discretion to give further relief on the remaining bill.

• In addition, the local authority can give relief on certain other occupied property in a rural settlement where the rateable value is less than £14,000. Full details can be obtained from the local authority.”.

(6) In paragraph 2 of Part 3 of Schedule 2, for “multiplier” substitute “multipliers”.

(7) In paragraph 3 of Part 3 of Schedule 2, for the Explanatory Notes substitute the Explanatory Notes set out in Schedule 2 to these Regulations.

Revocation and savings

3.—(1) Subject to paragraph (2) the following are hereby revoked—

(a) the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993(3);

(b) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1995(4);

(c) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1996(5);

(d) article 74 of the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996(6);

(e) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1997(7);

(f) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) (Rural Rate Relief) Regulations 1998(8);

(g) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2000(9);

(h) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) (No. 2) Regulations 2000(10);

(i) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2001(11); and

(j) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2002(12).

(2) The Regulations and article referred to in paragraph (1) shall continue to have effect in relation to any council tax or non-domestic rates in respect of a day falling before 1st April 2004(13).

Signed by authority of the First Secretary of State

Nick Raynsford

Minister of State, Office of the Deputy Prime Minster

21st December 2004

Regulation 2(4)

SCHEDULE 1 EXPLANATORY NOTES

Regulation 2(7)

SCHEDULE 2 EXPLANATORY NOTES

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 with respect to financial years beginning on or after 1st April 2005.

In relation to non-domestic rates, the 2003 Regulations provide that a rate demand notice must identify the hereditament to which it relates (including its rateable value), explain how the amount required to be paid has been calculated and contain explanatory notes in the prescribed form.

Regulation 2 of these Regulations amends those provisions to reflect changes that are being made to the rating system with effect from 1st April 2005. In particular, the explanatory notes, which are set out in Schedules 1 and 2 to these Regulations, have been updated to outline the more important changes.Regulation 3 of these Regulations revokes, with savings—

(a) the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993;

(b) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1995;

(c) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1996;

(d) article 74 of the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996, which makes amendments to […];

(e) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1997;

(f) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) (Rural Rate Relief) Regulations 1998;

(g) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2000;

(h) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) (No. 2) Regulations 2000; and

(i) the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2002.

(1)

1988 (c. 41). These powers are devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the reference to the Local Government Finance Act 1988 in Schedule 1. Paragraphs 2(2)(ga), (gc) and (ge) of Schedule 9 were inserted by the Local Government and Housing Act 1989 (c. 42), section 139 and Schedule 5, paragraph 44. For the definition of “prescribed” see section 146(6).

(2)

S.I. 2003/2613.

(3)

S.I. 1993/191.

(4)

S.I. 1995/121.

(5)

S.I. 1996/504.

(6)

S.I. 1996/1880.

(7)

S.I. 1997/394.

(8)

S.I. 1998/47.

(9)

S.I. 2000/5.

(10)

S.I. 2000/534.

(11)

S.I. 2001/3554.

(12)

S.I. 2002/180.

(13)

The date from which the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 apply.