The Business Improvement Districts (General) Regulations (Northern Ireland) 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to business improvement districts. Business improvement districts are provided for in the Business Improvement Districts Act (Northern Ireland) 2013 (“the 2013 Act”) as areas within which projects specified in the BID arrangements are to be carried out for the benefit of that district or those who live, work or carry on any activity in the district. Those projects are to be financed (in whole or in part) by a BID levy imposed on eligible non-domestic ratepayers, or a class of such ratepayers in the district. A business improvement district may only be established where those entitled to vote approve the BID proposals, which on approval become BID arrangements.

Regulation 2 specifies the persons who may draw up BID proposals and regulations 3 and 4 specify the procedures to be followed in connection with drawing up of BID proposals. Schedule 1 specifies the matters to be included in BID proposals.

Regulation 5 provides for the district council to hold a BID ballot on receipt of BID proposals. Regulation 6 provides that the district council shall appoint the ballot holder for any ballot in respect of business improvement districts required under the 2013 Act or these Regulations. Regulation 7 and Schedule 2 make provision for the arrangements for holding a ballot and the conduct of a ballot.

Regulation 8 confers a power on the Department for Social Development (“the Department”) to declare a ballot void in cases of material irregularity, and procedures connected with that.

Regulation 9 enables a district council to recover the costs of a BID ballot or a renewal ballot from the BID proposer or BID body in the prescribed circumstances.

Regulation 10 makes provision in relation to appeals against the exercise of the veto.

Regulation 11 and Schedule 3 make further provision in relation to the BID Revenue Account.

Regulation 12 provides that the district council may appoint a billing body to administer, collect and recover the BID levy in accordance with Schedule 4. Where it does not, the district council is to carry out those functions. Schedule 4 makes provision with respect to the imposition, administration, collection, recovery and application of the BID levy.

Regulation 13 applies where two or more district councils are enabled to make joint BID arrangements. It provides that such district councils shall appoint a single billing body in respect of the joint arrangements which may be one of them, another district council or another person. In also deals with how references to district councils in certain other parts of these Regulations are to be read when there is a joint BID arrangement.

Regulations 14 and 15 provide for the alteration of BID arrangements with or without an alteration ballot, and Regulation 16 provides the circumstances in which BID arrangements may be terminated.

Regulation 17 provides for the supply of information to the ballot holder for the purposes of carrying out that person’s functions under the Regulations.

Regulation 18 provides for electronic communication of requests, applications and notices. This provision does not apply to notices under Schedule 4 because that Schedule makes specific provisions for electronic communication of demand notices etc.