The Non-Domestic Rating (Demand Notices) (Wales) (Amendment) Regulations 2008

Welsh Statutory Instruments

2008 No. 7 (W.3)

RATING AND VALUATION, WALES

The Non-Domestic Rating (Demand Notices) (Wales) (Amendment) Regulations 2008

Made

7 January 2008

Laid before the National Assembly for Wales

8 January 2008

Coming into force

2 February 2008

The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by sections 62, 143(3) and (4A) and 146(6) of, and paragraphs 1 and 2(2) of Schedule 9 to, the Local Government Finance Act 1988(1) and section 26(3) of the Welsh Language Act 1993(2) and now vested in the Welsh Ministers(3).

Title, application and commencement

1.—(1) The title of these Regulations is The Non-Domestic Rating (Demand Notices) (Wales) (Amendment) Regulations 2008 and they come into force on 2 February 2008.

(2) These Regulations apply in relation to Wales.

Amendments to the Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993

2.—(1) The Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993(4) are amended as follows.

(2) In paragraph 1 of Part 1 of Schedule 2, in the note headed “Unoccupied Property Rating”, for “50 per cent”, substitute “100 per cent”.

(3) In paragraph 1 of Part 2 of Schedule 2, in the note headed “Ardrethu Eiddo Di-ddeiliad”, for “50 y cant”, substitute “100 y cant”.

(4) Nothing in this regulation requires any matter to be included in any notice served in respect of any amount payable in respect of any day before 1 April 2008.

Brian Gibbons

Minister for Social Justice and Local Government, one of the Welsh Ministers

7 January 2008

Explanatory Note

(This note is not part of the Regulations)

The Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993 (SI 2003/252) (“the 1993 Regulations”) provide for the contents of rate demand notices, which are issued by billing authorities (borough and county councils) in Wales, and for the information to be supplied when such notices are served by them.

The Non-Domestic Rating (Demand Notices) (Wales) (Amendment) Regulations 2007 (SI 2007/3343 (W.295)) replaced Schedule 2 to the 1993 Regulations which specifies the information to be supplied when rate demand notices are sent by billing authorities.

These Regulations change the specified information to reflect the change made to the Local Government Finance Act 1988 (c. 41) by the Rating (Empty Properties) Act 2007 (c. 9) which provides that, unless the Welsh Ministers order otherwise, the normal liability for an unoccupied hereditament would be the same as for an occupied hereditament.

These Regulations only apply in relation to rates payable after 31 March 2008.

(1)

1988 c. 41.

(2)

1993 c. 38.

(3)

The powers of the Secretary of State were transferred, 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. The functions of the National Assembly for Wales were transferred to the Welsh Ministers under section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(4)

S.I. 1993/252, amended by S.I. 1995/284, 1996/311, 1996/1880, 1997/356, 1998/155, 2000/793 (W.30), 2003/414 (W.59), 2005/256 (W.22), 2006/3392 (W.311) and 2007/3343 (W.295).