The Central Rating List (England) (Amendment) Regulations 2010

Statutory Instruments

2010 No. 456

Rating And Valuation, England

The Central Rating List (England) (Amendment) Regulations 2010

Made

24th February 2010

Laid before Parliament

2nd March 2010

Coming into force

1st April 2010

The Secretary of State, in exercise of the powers conferred by sections 53(1), (2) and (4), 64(3), 65(4), 143(1) and 146(6) of the Local Government Finance Act 1988(1), makes the following Regulations:

Application, citation and commencement

1.  These Regulations, which apply to England only, may be cited as the Central Rating List (England) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.

Amendment of the Central Rating List (England) Regulations 2005

2.—(1) The Central Rating List (England) Regulations 2005(2) are amended as follows.

(2) In Part 12 of the Schedule (long distance pipe-line hereditaments), in the column headed “Designated Person”—

(a) delete “BP Chemicals Limited”;

(b) delete “Ineos Chlor Limited”;

(c) below the words “the company bearing the name Ineos Manufacturing Scotland Limited on that date” and above the words “Mainline Pipelines Limited”, insert “with effect from 1st April 2008, the company bearing the name Ineos Manufacturing (Hull) Limited on that date”; and

(d) below the words inserted by sub-paragraph (c), insert “with effect from 1st April 2009, the company bearing the name Ineos Enterprises Limited on that date”.

Signed by authority of the Secretary of State for Communities and Local Government

Barbara Follett

Parliamentary Under Secretary of State

Department for Communities and Local Government

24th February 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Central Rating List (England) Regulations 2005 (“the 2005 Regulations”).

Under sections 53, 64(3) and 65(4) of the Local Government Finance Act 1988 (“the Act”), the 2005 Regulations prescribe the hereditaments which are to be listed on central non-domestic rating lists for England compiled on or after 1st April 2005 and designate the persons who will be considered to be in occupation or, if unoccupied, ownership of those hereditaments for the purposes of rating (“designated persons”).

The Schedule to the 2005 Regulations lists the persons designated as occupying centrally listed hereditaments. Regulation 2 of these Regulations makes amendments concerned with designated persons in Part 12 (long distance pipe-line hereditaments) to reflect changes in occupation of certain long distance pipe-line hereditaments.

Section 53(4) of the Act provides that amending regulations altering the designated person in relation to a description of hereditament may have effect from a date earlier than that on which the amending regulations are made. Pursuant to that power, the companies added to the list by regulation 2 are added with effect from the date on which they began to occupy central list hereditaments.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1988 c.41. Section 53 was amended by paragraph 29 of Schedule 5 to the Local Government and Housing Act 1989 (c.42). These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): see the reference to the Local Government Finance Act 1988 in Schedule 1. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), they were transferred to the Welsh Ministers.

(2)

S.I. 2005/551, amended by S.I. 2008/429; there are other amending instruments but none is relevant.