The Docks and Harbours (Rateable Values) (Wales) Order 2000

Rateable values

4.  –

(1) Paragraphs 2 to 2C of Schedule 6 to the Local Government Finance Act 1988(1) shall not apply to any hereditament to which this Order applies; and the rateable value of any such hereditament shall be determined in accordance with this article.

(2) Subject to paragraphs (4) and (5), the rateable value of any hereditament to which this order applies for the year beginning on 1st April 2000 shall be an amount equal to 20 per cent of the relevant balance of the undertaking for —

(i) a period of twelve months ending during the year ending with 31st March 1998, or, if there is none,

(ii) of the twelve months ending with a period which ends in that year (and if there is more than one such period, the later or latest of them), or, if there is none,

(iii) the twelve months ending with 31st March 1998.

(3) Subject to paragraphs (4) to (6), for any subsequent year for which the relevant list has effect the rateable value of any hereditament to which this order applies shall be an amount equal to 20 per cent of the adjusted balance of the undertaking for —

(i) a period of twelve months ending during the relevant preceding year, or, if there is none,

(ii) the twelve months ending with a period which ends in that relevant preceding year (and if there is more than one such period, the later or latest of them) or, if there is none,

(iii) the twelve months ending with that year.

(4) Where in relation to a year and an undertaking the amount equal to 20 per cent of X is greater than 13 per cent of Z, paragraph (2) or, as the case may be, paragraph (3) shall not apply, and the rateable value for that year shall be equal to 13 per cent of Z.

(5) Where in relation to a year and an undertaking the amount equal to 20 per cent of X is less than 5 per cent of Z, paragraph (2) or, as the case may be, paragraph (3) shall not apply, and the rateable value for that year shall be equal to 5 per cent of Z.

(6) Where in relation to a year beginning on or after 1st April 2001 and an undertaking the rateable value determined under paragraph (3), or, as the case may be, paragraph (4) or (5), would differ from the rateable value for the relevant preceding year by no more than 20 per cent of that rateable value, the paragraph in question shall not apply, and the rateable value for that year shall be the same as the rateable value for the relevant preceding year.

(7) For the purposes of paragraphs (4) and (5) —

• X for the year beginning on 1st April 2000 is the relevant balance and for subsequent years is the adjusted balance;

• Z for the year beginning 1st April 2000 is the relevant income and for subsequent years is the adjusted income;

• X and Z shall be computed for the year beginning on 1st April 2000 for the period described in paragraph (2)(i) or, if there is no such period, for the period described in paragraph (2)(ii) or, if there is no such period, for the period described in paragraph (2)(iii);

• X and Z shall be computed for subsequent years for the period described in paragraph (3)(i) or, if there is no such period, for the period described in paragraph (3)(ii) or, if there is no such period, for the period described in paragraph (3)(iii).

(8) Where (apart from this paragraph) any rateable value determined under this article would include a fraction of a pound —

(a) if the fraction would exceed 50p it shall be made up to one pound, and

(b) if the fraction would be 50p or less it shall be ignored.

(1)

Paragraph 2 is amended by, and paragraph 2A and 2B inserted by, paragraph 38(3) to (11) of Schedule 5 to the Local Government and Housing Act 1989 (c. 42). Paragraph 2C is inserted by section 2 of the Local Government and Rating Act 1997 (c. 29).