These Regulations make amendments to the Non-Domestic Rating (Renewable Energy Projects) Regulations 2013 (S.I. 2013/108) (the “Principal Regulations”) consequential on the compilation of new non-domestic rating lists on 1st April 2023. The Principal Regulations operate on the basis that any increase in rateable value from 31st March 2013 can be attributed to a change in the hereditament or its use. When new lists are compiled, the rateable values of hereditaments are reassessed (a “revaluation”). Therefore, hereditaments may have seen changes in rateable value compared with 31st March 2013 without there necessarily having been a change to the hereditament. Regulations 4 to 9 of these Regulations amend the Principal Regulations so that, when comparing rateable values with those as of 31st March 2013, any changes attributable to a revaluation are not taken into account.

Regulation 4 updates the definition of “biomass” by reference to the latest relevant legislation. Regulations 5 and 6 amend the factors by reference to which classes B and C are designated. Regulations 7 and 8 amend the calculation of the amount to be disregarded in respect of hereditaments within those classes. Regulation 9 amends the modification in relation to cases where there has been a change to the rateable value of the hereditament which is not attributable to a revaluation.

Regulation 2 of these Regulations makes amendments to the Non-Domestic Rating (Rates Retention) Regulations 2013 (S.I. 2013/452) consequential on the United Kingdom’s withdrawal from the European Union.

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.