The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993

PART IV ALTERATION OF CENTRAL RATING LISTS: OTHER CASES

Interpretation

20.  In this Part–

“alteration” means alteration of a list in relation to a description of designated hereditaments, and “alter” shall be construed accordingly;

“designated hereditaments” means any description of hereditaments whose rateable value is specified in or determined under an order under paragraph 3(2) of Schedule 6 to the Act;

“list”, unless the context otherwise requires, means a central non-domestic rating list;

“designated person”, in relation to an entry in a list, means the person designated by regulations under section 53 (contents of central lists) of the Act(1) in relation to the description of hereditaments to which the entry relates; and

“relevant valuation tribunal” means the valuation tribunal established by regula tions under Schedule 11 to the Act for the area in which a relevant designated person has its principal place of business in England and Wales.

Designated hereditaments

21.—(1) The central valuation officer shall from time to time alter each list, whether prospectively or retrospectively, to conform with–

(a) regulations under section 53 of the Act, and

(b) subject to paragraph (2), relevant orders.

(2) If at any time it appears to the central valuation officer that a relevant calculation is likely to result in an alteration, he may alter the list to give effect to the rateable value which in his opinion that calculation will produce.

(3) An alteration under paragraph (2) shall have effect from the day from which the alteration to give effect to the rateable value produced by the relevant calculation would have effect in pursuance of the relevant order.

(4) For the purposes of this regulation–

• a “relevant calculation” is a calculation falling to be made in respect of a description of designated hereditaments in pursuance of a relevant order; and

• a “relevant order” is an order under paragraph 3(2) of Schedule 6 to the Act.

Effective date to be shown in the list

22.  Where an alteration is made, the list shall show the day from which the alteration is to have effect in pursuance of this Part.

Notification of alteration

23.—(1) Within six weeks of altering a list the central valuation officer shall serve notice on–

(a) the designated person; and

(b) the appropriate Secretary of State,

stating the effect of that alteration; and the appropriate Secretary of State shall as soon as is reasonably practicable alter the copy of the list deposited at his principal office under section 52(6B) of the Act(2).

(2) Where the central valuation officer receives or obtains information for the purposes of maintaining a list and on the basis of that information forms the opinion that no alteration of a list is required, he shall within six weeks of forming that opinion serve notice of that opinion on–

(a) the designated person; and

(b) the appropriate Secretary of State.

(3) The central valuation officer shall take such steps as are reasonably practicable to secure that any notice required by this regulation to be served on the designated person is served no later than the notice so required to be served on the appropriate Secretary of State.

(4) Any notice required by this regulation to be served on a designated person shall be accompanied by a statement of the effect of the following provisions of this Part and of Part VI.

Circumstances in which proposals may be made

24.—(1) Where a designated person considers that in respect of any of its designated hereditaments the rateable value shown in the list is not the amount properly determined in accordance with an order under paragraph 3(2) of Schedule 6 to the Act, that person may make a proposal by serving on the central valuation officer a notice in writing identifying the hereditaments in question and containing the information mentioned in paragraph (2).

(2) The information is–

(a) the designated person’s name and address;

(b) the rateable value proposed to be entered in the list;

(c) a statement of the designated person’s reasons for believing the list to be incorrect;

(d) if the proposal seeks an alteration of a day shown in the list as the day from which an entry has effect, the day proposed in its place.

(3) The central valuation officer shall, within six weeks of the service on him of a proposal, serve a copy of it on the appropriate Secretary of State.

Proposals agreed by central valuation officer

25.  Where the central valuation officer is of the opinion that a proposal is wellfounded, he shall–

(a) serve notice on the proposer that he proposes to alter the list accordingly; and

(b) within six weeks of the date of the notice so alter the list.

Withdrawal of proposals

26.  A proposal may be withdrawn by notice in writing served on the central valuation officer.

Agreed alterations following proposals

27.  Where, following the making of a proposal, the central valuation officer and the proposer agree on an alteration of the list in terms other than those contained in the proposal, and that agreement is signified in writing–

(a) the central valuation officer shall, not later than the expiry of the period of six weeks beginning on the day on which the agreement was made, alter the list to give effect to the agreement; and

(b) the proposal shall be treated as having been withdrawn.

Disagreement as to proposed alteration

28.—(1) Where the central valuation officer is not of the opinion that a proposal is well-founded, and–

(a) the proposal is not withdrawn, and

(b) there is no agreement as provided in regulation 27,

the disagreement shall, no later than the expiry of the period of six months beginning on the day on which the proposal was served on him, be referred by the central valuation officer, as an appeal by the proposer against his refusal to alter the list, to the relevant valuation tribunal.

(2) A referral under paragraph (1) may take place by means of the transmission to the clerk of the tribunal of a statement of the following matters–

(a) the rateable value which is proposed to be entered in the list;

(b) the date of service of the proposal;

(c) the name and address of the designated person; and

(d) the grounds on which the proposal was made.

(1)

Regulations made under that section are the Central Rating Lists Regulations 1989 (S.I. 1989/2263, ammended by S.I. 1990/502 and 1566 and 1933/166).

(2)

Section 52(6B) is inserted by paragraph 28 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42).