39C.—(1) For the purposes of any [F2NAV list] in force on or after the transfer date within the meaning of Article 68 of the Electricity (Northern Ireland) Order 1992, the Department may, by order, either—
(a)determine the net annual value of the hereditaments occupied by a holder of a licence or an exemption under Part II of that Order of 1992; or
(b)make provision for the manner in which the net annual value of such hereditaments is to be, or may be, estimated.
(2) An order under paragraph (1) may make provision with respect to the apportionment of the aggregate amount of the net annual value determined or estimated under the order among the districts of district councils.
(3) An order under paragraph (1)—
(a)may modify or repeal any provision of this Order;
(b)may contain such incidental, supplementary or consequential provisions as the Department considers necessary or expedient for the purposes of the Order;
(c)shall be made only after consultation with holders of such licences or exemptions, associations of district councils and district councils as the Department considers appropriate; and
(d)shall be subject to affirmative resolution,
and an order providing for the method by which the net annual value of any hereditament is to be determined may provide for determining that value by the application of different methods of valuation to different parts of the hereditament.
(4) In relation to any time before Article 8 of that Order of 1992 comes into operation, any requirement imposed by paragraph (3)(c) to consult with holders of licences or exemptions shall be construed as a requirement to consult with Northern Ireland Electricity.]
F2Words in art. 39C(1) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 21; S.R. 2006/464, art. 2(4)