Amendment of the Non-Domestic Rating (Rates Retention) Regulations 20135

1

The Non-Domestic Rating (Rates Retention) Regulations 20139 are amended as follows.

2

In regulation 3(1) (calculation of non-domestic rating income) after sub-paragraph (g) insert—

h

the amount (if any) specified by regulation 7B(2).

3

After regulation 7A (payments with respect to shale oil or gas hereditaments) insert—

Payments with respect to designated area7B

1

The amount specified by this regulation is the proportion of Redcar and Cleveland Borough Council’s non-domestic rating income calculated in accordance with Part 1 of Schedule 2 to the Non-Domestic Rating (Designated Area) Regulations 202110.

2

For each year that the designation under those Regulations has effect Redcar and Cleveland Borough Council must make a payment to the Tees Valley Combined Authority equal to 50% of the amount (if any) estimated, in accordance with regulation 3, as the amount specified by this regulation.

3

The payment must be made in the course of the relevant year in accordance with the schedule of instalments.

4

In regulation 9(1)(c) (end of year calculations) after “7A(2)” insert “, 7B(2)”.

5

In regulation 10 (reconciliation of disregarded amounts) after paragraph (3) insert—

3A

Where the difference relates to a hereditament situated within the area designated by Schedule 1 to the Non-Domestic Rating (Designated Area) Regulations 2021—

a

if the certified amount is less than the estimated amount—

i

the Tees Valley Combined Authority must pay an amount equal to 50% of the difference to Redcar and Cleveland Borough Council; and

ii

Redcar and Cleveland Borough Council must transfer an amount equal to 50% of the difference from its general fund to its collection fund; or

b

if the certified amount is more than the estimated amount—

i

Redcar and Cleveland Borough Council must pay an amount equal to 50% of the difference to the Tees Valley Combined Authority; and

ii

Redcar and Cleveland Borough Council must transfer an amount equal to 50% of the difference from its collection fund to its general fund.

6

In Schedule 3 (transfer from collection fund to general fund), in the definition of “T”—

a

omit “and” at the end of paragraph (a); and

b

at the end of paragraph (b) insert

, and

c

the Tees Valley Combined Authority in accordance with regulation 7B (payments with respect to designated area);