The Business Improvement Districts (Property Owners) (England) Regulations 2014

Alterations of the BRS-BID arrangements following a ballot

19.—(1) Where there is a proposal to alter—

(a) BRS-BID arrangements and those arrangements do not include a provision allowing for the arrangements to be altered without a ballot; or

(b) the BRS-BID levy in such a way that would—

(i) cause any person to be liable to pay the BRS-BID levy who was not previously liable to pay; or

(ii) increase the BRS-BID levy for any person,

the BRS-BID body or, where a local authority BRS-BID body is responsible for implementing the BRS-BID arrangements, the relevant billing authority may alter the BRS-BID arrangements in accordance with this regulation.

(2) An alteration of the BRS-BID arrangements under this regulation is not to come into force unless the alteration proposals are approved by a ballot of the persons who have a relevant property interest who are to be liable for the BRS-BID levy under the BRS-BID arrangements (as altered) (“an alteration ballot”) and they are not to be regarded as approved by an alteration ballot unless—

(a) a majority of the persons voting in the alteration ballot have voted in favour of the alteration proposals; and

(b) the aggregate of the rateable values of each hereditament in respect of which a person voting in the alteration ballot has voted in favour of the alteration proposals exceeds the aggregate of the rateable values of each hereditament in respect of which a person voting in the alteration ballot has voted against the alteration proposals.

(3) Where BRS-BID arrangements are altered pursuant to this regulation—

(a) the billing authority shall ensure the BRS-BID arrangements (as altered) are made by the time those BRS-BID arrangements (as altered) are to come into force; and

(b) sections 44, 46(3) and (4) and 47 of the 2003 Act, paragraphs 3 and 4 of Schedule 2 to the 2009 Act and regulations 16 to 20 and Schedules 3 and 4 shall have effect from the date the BRS-BID arrangements (as altered) come into force as if a reference in each of those provisions to “BRS-BID arrangements” were a reference to the BRS-BID arrangements as altered.