The Business Improvement Districts (Wales) Regulations 2005

Termination of BID arrangements

18.—(1) The relevant billing authority may terminate BID arrangements where —

(a) in the opinion of the authority, the BID body will have insufficient finances to meet its liabilities for the current chargeable period and the authority has —

(i) offered the BID body a reasonable opportunity to arrange for financing the shortfall or for a reduction in the works or services under the BID arrangements which is sufficient to offset the shortfall; and

(ii) given those persons who are liable for the BID levy an opportunity, at a public meeting, to make representations in relation to the termination of the BID arrangements;

(b) in the opinion of the authority, the BID body has failed to provide, or to make reasonable progress in the provision of, the work or services to be provided under the BID arrangements; or

(c) the authority is unable, due to any cause beyond its control, to provide works or services which are necessary for the BID to continue and the authority has —

(i) where there is a BID body, consulted the BID body and conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate; and

(ii) where a local authority BID body is responsible for implementing the BID arrangements, conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate.

(2) Subject to paragraph (3), the BID body or, where a local authority BID body is responsible for implementing the BID arrangements, the relevant billing authority may terminate the BID arrangements where —

(a) the works or services to be provided under the BID arrangements are no longer required; or

(b) the BID body or local authority BID body, as the case may be, is unable, due to any cause beyond its control, to provide works or services which are necessary for the BID to continue.

(3) The BID body or, where a local authority BID body is responsible for implementing the BID arrangements, the relevant billing authority must take no steps to terminate the BID arrangements until —

(a) where there is a BID body, it has consulted the relevant billing authority and conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate; and

(b) where a local authority BID body is responsible for implementing the BID arrangements, the relevant billing authority has conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate.

(4) The relevant billing authority must notify the BID body in writing of its intention to terminate the BID arrangements under paragraph (1) or (2) at least 28 days before the date of the termination.

(5) The BID body must notify the relevant billing authority in writing of its intention to terminate the BID arrangements under paragraph (2) at least 28 days before the date of the termination.

(6) Where BID arrangements are terminated under this regulation the relevant billing authority must, as soon as is reasonably practicable, give written notice of the termination to each person liable for the BID levy and the notice must include an explanation of whether a repayment under regulation 14(4) is to be made.