The Central Rating List (England) (Amendment) Regulations 2016

Statutory Instruments

2016 No. 146

Rating And Valuation, England

The Central Rating List (England) (Amendment) Regulations 2016

Made

9th February 2016

Laid before Parliament

11th February 2016

Coming into force in accordance with regulation 1(2) to (6)

The Secretary of State for Communities and Local Government makes these Regulations in exercise of the powers conferred by sections 53(1), (2) and (4) and 143(1) of the Local Government Finance Act 1988(1).

Citation and commencement

1.—(1) These Regulations may be cited as the Central Rating List (England) (Amendment) Regulations 2016.

(2) These Regulations come into force as follows.

(3) This regulation comes into force on 7th March 2016.

(4) Regulation 2(1) comes into force—

(a) so far as it relates to the amendment in regulation 2(2), on 1st April 2017;

(b) so far as it relates to the amendment in regulation 2(3), on 7th March 2016 but has effect from 30th April 2015.

(5) Regulation 2(2) comes into force on 1st April 2017.

(6) Regulation 2(3) comes into force on 7th March 2016 but has effect from 30th April 2015.

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 regulation 12 (electricity transmission hereditaments)—

(a) in paragraph (3)(b), omit all words after “National Grid Company plc”; and

(b) omit para (3)(c).

(3) In Part 12 of the Schedule (long-distance pipe-line hereditaments) in the column headed “designated person”, for “Secretary of State for Defence” substitute “with effect from 30th April 2015, the company bearing the name ShelfCo123 Limited on that date”.

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

Marcus Jones

Parliamentary Under Secretary of State

Department for Communities and Local Government

9th February 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Central Rating List (England) Regulations 2005 (S.I. 2005/551) (“the Central Rating List Regulations”).

The Central Rating List Regulations designate persons and prescribe in relation to those persons descriptions of non-domestic hereditament, under section 53(1) of the Local Government Finance Act 1988 (c. 41), with a view to securing the central rating en bloc of those hereditaments.

The Schedule to the Central Rating List Regulations (“the Schedule”) lists all designated persons and sets out the description of hereditament prescribed in relation to each of them.

National Grid is the designated person prescribed in Part 7 of the Schedule. Regulation 2(2) amends the definition of “National Grid” in regulation 12 to remove the reference to each subsidiary of National Grid Transco plc. The effect of this amendment is to alter the designated person prescribed in Part 7 of the Schedule.

Regulation 2(3) of these Regulations makes amendments to Part 12 of the Schedule that deals with long-distance pipe-line hereditaments to reflect a change in ownership of a pipe-line. As a result hereditaments of the description set out in column 2 of Part 12 of the Schedule occupied or, if unoccupied, owned by the named company will be shown on the central rating list.

Section 53(4) of the Local Government Finance Act 1988 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 substitution made by regulation 2(3) has effect from the date on which ownership of the relevant pipe-line transferred.

An impact assessment has not been produced for this instrument because it amends an existing local tax regime. Publication of a full impact assessment is not necessary for such legislation.

(1)

1988 c. 41. Section 53 was amended by paragraph 29 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42) and Part 1 of Schedule 8 to the Local Government Act 2003 (c. 26). 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; relevant amendments were made by S.I. 2013/2887, 2013/408 and 2010/2692; there are other amending instruments but none is relevant.