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The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009

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Agreed alterations following proposals

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12.—(1) Where, following the making of a proposal, all the persons mentioned in paragraph (2) agree on an alteration of the list in terms that comply with the requirements of this Part but differ from those contained in the proposal, and that agreement is signified in writing—

(a)subject to paragraph (4), the VO shall, not later than two weeks after 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(b)the proposal shall be treated as having been withdrawn.

(2) The persons referred to in paragraph (1) are—

(a)the VO;

(b)the proposer;

(c)subject to paragraph (3), the occupier (at the date of the proposal) of any hereditament to which it relates;

(d)the ratepayer (at the date of the agreement) in relation to any hereditament to which it relates;

(e)subject to paragraph (3), any IP or relevant authority who—

(i)would at the date of the proposal have been competent to make the proposal in question, and

(ii)not later than two months after the day on which the proposal was received by the VO, informs the VO in writing that the IP or the authority (as the case may be) wishes to be a party to the proceedings in respect of the proposal.

(3) The persons referred to in paragraph (1) do not include—

(a)the occupier of the hereditament at the date of the proposal who is no longer in occupation of any part of it at the date on which all the other persons mentioned in paragraph (2) have agreed as mentioned in paragraph (1), provided that the VO has taken all reasonable steps to ascertain that former occupier’s whereabouts, and they have not been ascertained, or

(b)any IP referred to in paragraph (2)(e) who cannot be contacted at the address supplied to the VO.

(4) Where—

(a)the period of two weeks mentioned in paragraph (1)(a) would expire before the period of two months mentioned in paragraph (2)(e)(ii), and

(b)the VO has not received a request under paragraph (2)(e)(ii) within that two-month period,

the VO shall make the alteration required by paragraph (1)(a) as soon as practicable after that period ends.

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