The Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1990

This Statutory Instrument has been made in consequence of defects in S.I. 1990/582 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1990 No. 769

RATING AND VALUATION

The Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1990

Made

28th March 1990

Laid before Parliament

29th March 1990

Coming into force

1st April 1990

The Secretary of State for the Environment as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 55(2) and (6)(a), 143(1) and (2) of and paragraphs 1, 8 and 16 of Schedule 11 to the Local Government Finance Act 1988(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1990 and shall come into operation on 1st April 1990.

Alteration of rating lists and appeals

2.—(1) The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990(2) shall be amended as provided in this regulation.

(2) In regulation 4 (time from which alteration is to have effect), after paragraph (6) there shall be added—

“(6A) An alteration made to correct an inaccuracy in a list on the day it was compiled shall have effect from that day.

(6B) An alteration made to correct an inaccuracy in a list (other than an alteration which falls to take effect as provided in the foregoing provisions of this regulation) shall have effect from the day on which the list became inaccurate.”.

(3) In regulation 11(4) (procedure in respect of proposals treated as invalid), for “of its issue” there shall be substituted “of the service of the notice under paragraph (3)”.

(4) In regulation 33—

(a) in paragraph (2)(a) for the words from “for believing the proposal” to the end there shall be substituted “for the disagreement giving rise to the appeal”; and

(b) in paragraph (5) for “transmitted under regulation 16(2)” there shall be substituted “transmitted to him under these Regulations”.

(5) ffifiegulation 44(4) (grounds for review of decisions) for “paragraph (1)(a)” there shall be substituted “paragraph (1)(b)”.

Appeals against completion notices

3.  Regulation 3 (transitional provision) of the Non-Domestic Rating (Unoccupied Property) Regulations 1989(3) is hereby revoked.

Chris Patten

Secretary of State for the Environment

27th March 1990

Signed by authority ofthe Secretary of State for Wales

Ian Grist

Parliamentary Under Secretary of State, Welsh Office

28th March 1990

Explanatory Note

(This note is not part of the Regulations)

Regulation 2 of these Regulations amends the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990 (“the principal Regulations”). The principal change is that an omission from regulation 4 (effective date of alteration) is rectified in relation to the time from which alterations to local non-domestic rating lists are to have effect. Minor adjustments are also made to regulation 11 (proposals treated as invalid), 33 (written representations) and 44 (review of decisions).

Regulation 3 revokes regulation 3 (transitional provision in relation to appeals against completion notices) of the Non-Domestic Rating (Unoccupied Property) Regulations 1989. Provision for such appeals is now made in regulation 29 of the principal Regulations.

(1)

1988 c. 41.

(2)

S.I. 1990/582.

(3)

S.I. 1989/2261.