1999 No. 3453 (W.50)

RATING AND VALUATION, WALES

The Central Rating List (Wales) Regulations 1999

Made

Coming into force

The National Assembly for Wales makes the following Regulations in exercise of the powers given to the Secretary of State by sections 53(1) and (2), 140(4) and 143(2) of the Local Government Finance Act 19881, which are now vested in it so far as exercisable in Wales2;

Citation, commencement and interpretationI11

1

These Regulations may be cited as the Central Rating List (Wales) Regulations 1999 and shall come into force on 30th December 1999.

2

In these Regulations—

  • “central rating list” means the central non-domestic rating list for Wales(“rhestr ardrethu canolog”);

  • “designated person” in relation to a central non-domestic rating list for Wales compiled on or after 1st April 2000 means a person designated by regulation 3(1) of these Regulations(“person dynodedig”).

3

Any reference in these Regulations to a hereditament is to a relevant non-domestic hereditament.

4

Any reference in these Regulations to a designated person by name is a reference to the company or body registered by or bearing that name at the date that name is entered in the central rating list.

5

Any term used in the Schedule to these Regulations or any Part of the Schedule has the meaning ascribed in that Schedule or that Part.

Annotations:
Commencement Information
I1

Reg. 1 in force at 30.12.1999, see reg. 1(1)

Application of the RegulationsI22

These Regulations shall have effect with respect to any central rating list compiled on or after 1st April 2000.

Annotations:
Commencement Information
I2

Reg. 2 in force at 30.12.1999, see reg. 1(1)

Designation of persons and description of hereditamentsI33

1

For the purposes of section 53(1) of the Local Government Finance Act 1988—

a

there are hereby designated the persons named in the Schedule; and

b

there is hereby prescribed in relation to each such person the description of hereditament set out below the name of that person in the Schedule.

2

Regulation 6 of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 19893 (cross-boundary hereditaments) shall not apply to any hereditament falling within any description in the Schedule.

Annotations:
Commencement Information
I3

Reg. 3 in force at 30.12.1999, see reg. 1(1)

Content of central rating list

I44

The central rating list must show, for each day in each year for which that list is in force—

a

the name of each person designated by regulation 3; and

b

against each name, each hereditament situated in Wales which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within the description prescribed in relation to that person by that regulation.

Annotations:
Commencement Information
I4

Reg. 4 in force at 30.12.1999, see reg. 1(1)

I55

1

The central rating list shall also show, against the name of each designated person—

a

where the person is a registered company, its registered office, and in any other case the person’s principal place of business within the United Kingdom;

b

where the person is a registered company, its registered number; and

c

the first day, if later than 1st April 2000, for which the rateable value shown in the list against the name of the designated person has effect.

2

The central rating list shall also show, where the list has been altered in pursuance of a direction by a tribunal, the name of the tribunal which gave the direction.

Annotations:
Commencement Information
I5

Reg. 5 in force at 30.12.1999, see reg. 1(1)

Railway HereditamentsI66

1

Regulation 3 of the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 19944 is amended in relation to Wales as follows.

2

In paragraph (1), the definition of “the British Railways Board” is omitted.

3

For paragraph (1)(b)(i) there is substituted —

i
a

where paragraph (3) applies, which are occupied by Railtrack plc, or by a licence exempt operator or a licence holder other than Railtrack plc, or

b

where paragraph (5) or (6) applies, which are occupied by any person designated by regulation 5(1) of, and named in Part 4 of the Schedule to, the Central Rating Lists Regulations 1994,

and which are not situated on operational land of that occupier, or of another relevant person;

4

At the end of paragraph (1) there is added —

and ‘relevant person’ means—

i

any person designated and named as mentioned in sub-paragraph (b)(i) above, or

ii

any licence exempt operator or licence holder which is not so designated

5

There are omitted—

a

paragraph (2),

b

the words “(other than the Board)” in paragraph (3)(a)(ii), and

c

in paragraph (4), the words from the beginning to “the Board and”.

Annotations:
Commencement Information
I6

Reg. 6 in force at 30.12.1999, see reg. 1(1)

Revocations and savingsI77

1

Subject to paragraph (2), there are hereby revoked in relation to Wales with effect from 1st April 2000 the following—

a

the Central Rating Lists Regulations 19945;

b

the Central Rating Lists (Amendment) Regulations 19966.

2

The provisions mentioned in paragraph (1) shall continue to have effect on and after 1st April 2000 for the purposes of or for purposes connected with—

a

any alteration of the list in force immediately before 1st April 2000; or

b

any provision made by regulations made under section 587 of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.

Annotations:
Commencement Information
I7

Reg. 7 in force at 30.12.1999, see reg. 1(1)

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998.8

Dafydd Elis ThomasThe Presiding Officer of the National Assembly

SCHEDULE

Regulation 3

I8PART 1CANAL HEREDITAMENTS

Annotations:
Commencement Information
I8

Sch. Pt. 1 in force at 30.12.1999, see reg. 1(1)

  • Designated person

    The British Waterways Board

  • Relevant hereditaments

    The hereditament described in regulation 5(2) of the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994

I9PART 2ELECTRICITY SUPPLY HEREDITAMENTS

Annotations:
Commencement Information
I9

Sch. Pt. 2 in force at 30.12.1999, see reg. 1(1)

  • Designated person

    The National Grid Company plc

  • Relevant hereditaments

    Hereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the transformation or transmission of electrical power, or for ancillary purposes

  • Designated person

    Manweb plc

    Midlands Electricity plc

    South Wales Electricity plc

  • Relevant hereditaments

    Hereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the functions of a public electricity supplier, or for ancillary purposes

    In this Part—

    • “excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly—

      1. a

        as a shop or other place for the sale, display or demonstration of apparatus or accessories for use by consumers of electricity (any use for the receipt of payments for the use of electricity being disregarded);

      2. b

        as office premises of a designated person, where those premises are not situated on operational land of that person; or

      3. c

        for both of the foregoing purposes; and

    • “public electricity supplier” has the same meaning as in section 6(9) of the Electricity Act 19899.

I10PART 3GAS HEREDITAMENTS

Annotations:
Commencement Information
I10

Sch. Pt. 3 in force at 30.12.1999, see reg. 1(1)

  • Designated person

    BG plc

  • Relevant hereditaments

    Hereditaments (other than excepted hereditaments) used wholly or mainly for the purposes of BG plc acting as a public gas transporter

    In this Part—

    • “excepted hereditament” means a hereditament consisting of or comprising premises used or, if unoccupied, intended to be used wholly or mainly—

      1. a

        for the manufacture of plant or gas fittings;

      2. b

        as high pressure storage facilities or liquified natural gas storage facilities or facilities used or available for use in connection with offshore storage;

      3. c

        as office premises, where those premises are not situated on operational land of BG plc; or

      4. d

        for more than one of the foregoing purposes; and

    • “public gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 10; and

    • references to BG plc are references to the company bearing that name on 9th November 1999.

I11PART 4RAILWAY HEREDITAMENTS

Annotations:
Commencement Information
I11

Sch. Pt. 4 in force at 30.12.1999, see reg. 1(1)

  • Designated person

    Railtrack plc

  • Relevant hereditaments

    The hereditament situated in Wales described in regulation 3(3) of the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994

I12PART 5TELECOMMUNICATIONS HEREDITAMENTS

Annotations:
Commencement Information
I12

Sch. Pt. 5 in force at 30.12.1999, see reg. 1(1)

  • Designated person

    British Telecommunications plc

  • Relevant hereditaments

    The hereditament described in regulation 4(1) of the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994

  • Designated person

    Mercury Communications Limited

  • Relevant hereditaments

    The hereditament described in regulation 4(2) of the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994

  • Designated person

    Racal Telecommunications Limited

  • Relevant hereditaments

    The hereditament described in regulation 4(3) of the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994

  • Designated person

    Energis Communications Limited

  • Relevant hereditaments

    The hereditament described in regulation 4(4) of the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994

  • Designated person

    AT&T (UK) Limited

  • Relevant hereditaments

    The hereditament described in regulation 4(5) of the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994

I13PART 6WATER SUPPLY HEREDITAMENTS

Annotations:
Commencement Information
I13

Sch. Pt. 6 in force at 30.12.1999, see reg. 1(1)

  • Designated person

    Dee Valley Water plc

    Dŵr Cymru Cyfyngedig

    North West Water Limited

    Severn Trent Water Limited

  • Relevant hereditaments

    Hereditaments (other than excepted hereditaments) used wholly or mainly for the purposes of a water undertaker under Part III of the Water Industry Act 199111, or for ancillary purposes

    In this Part, “excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly—

    1. a

      for the manufacture, storage, sale, display or demonstration of apparatus or accessories for use by consumers of water (any use for the receipt of payments for the use of water or sewerage services being disregarded); or

    2. b

      as office premises occupied by a designated person, where those premises are not situated on operational land of that person; or

    3. c

      for both of the foregoing purposes.

I14PART 7LONG-DISTANCE PIPE-LINES

Annotations:
Commencement Information
I14

Sch. Pt. 7 in force at 30.12.1999, see reg. 1(1)

  • Designated person

    Mainline Pipelines Limited

  • Relevant hereditaments

    Cross-country pipe-lines (within the meaning of the Pipe-lines Act 196212) situated within the area of more than one billing authority

I15PART 8INTERPRETATION

Annotations:
Commencement Information
I15

Sch. Pt. 8 in force at 30.12.1999, see reg. 1(1)

In this Schedule—

  • “office premises” means any hereditament constructed or adapted as offices or for office purposes, or used wholly or mainly for such purposes;

  • “office purposes” includes the purposes of administration and clerical work and handling money; and “clerical work” includes writing, book-keeping, typing, filing, duplicating, sorting papers or information or calculating (whether by manual, mechanical or electronic means), drawing, and the editorial preparation of matter for publication;

  • “operational land”, in relation to a designated person, means land which is used for the purposes of carrying on that person’s undertaking, being land which, in respect of its nature and situation, is comparable rather with land which is used for the purposes of carrying on of statutory undertakings (within the meaning of the Town and Country Planning Act 199013) than with land in general;

  • and any reference to hereditaments used for any purpose includes a reference to hereditaments which are unused but in relation to which it appears that when next in use they will be used for such a purpose.

(This note is not part of the Regulations)

With a view to securing the central rating en bloc of certain hereditaments, regulations may be made under section 53(1) of the Local Government Finance Act 1988 which designate a person and prescribe in relation to that person one or more descriptions of non-domestic hereditament.

Regulation 3 of these Regulations designates the persons named in the Schedule and prescribes the descriptions of hereditament shown in the Schedule against the names of those persons.

Regulation 4 requires the names of the designated persons and the hereditaments situated in Wales which are within the prescribed descriptions and are occupied (or, if unoccupied, owned) by those persons to be shown in any central non-domestic rating list for Wales compiled on or after 1st April 2000.

Regulation 5 requires the list to show certain information about the designated persons and the date from which a rateable value shown in the list has effect.

Regulation 6 amends the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994 to exclude the British Railways Board from central rating.

Regulation 7 revokes the Central Rating Lists Regulations 1994 in relation to Wales with effect from 1st April 2000 subject to certain savings.