16.—(1) The district council may terminate BID arrangements where–
(a)in the opinion of the council, the BID body will have insufficient finances to meet its liabilities for the current chargeable period and the council has–
(i)offered the BID body a reasonable opportunity to arrange for financing the shortfall or for a reduction in the works or services under the BID arrangements which is sufficient to offset the shortfall; and
(ii)given those persons who are liable to the BID levy an opportunity, at a public meeting, to make representations in relation to the termination of the BID arrangements; or
(b)the council is unable, due to any cause beyond the control of the council, to provide works or services which are necessary for the BID arrangements to continue and the council has (where there is a BID body) consulted the BID body and conducted a consultation with such representatives of the business community for the geographical area of the business improvement district as the council considers appropriate.
(2) Subject to paragraph (3), the BID body may terminate the BID arrangements where–
(a)the works or services to be provided under the BID arrangements are no longer required; or
(b)the BID body is unable, due to any cause beyond its control, to provide works or services which are necessary for the BID arrangements to continue.
(3) The BID body shall take no steps to terminate the BID arrangements until it has consulted the district council and conducted a consultation with such representatives of the business community for the geographical area of the business improvement district as the council considers appropriate.
(4) The district council shall notify the BID body in writing of its intention to terminate the BID arrangements under paragraph (1) at least 28 days before the date of the termination.
(5) The BID body shall notify the district council in writing of its intention to terminate the BID arrangements under paragraph (2) at least 28 days before the date of the termination.
(6) Where BID arrangements are terminated under this regulation the district council shall, as soon as is reasonably practicable, give notice of the termination in writing to each person liable for the BID levy and the notice shall include an explanation of whether a repayment under regulation 15(4) is to be made.
(7) In the event of a disagreement between the district council and the BID body in relation to whether circumstances have occurred under this regulation that would enable the termination of BID arrangements, the matter shall be referred to the Department for determination as to whether those circumstances have occurred.