# Damages Act 1996, Paragraph 2


(1) The rate-assessor must review every subsequent rate of return.
(2) A review under sub-paragraph (1) must be started by the rate-assessor—
(a) on the day after the last day of the 5-year period, or
(b) earlier within the 5-year period as is required by the Scottish Ministers.
(3) Where a review under sub-paragraph (1) is started earlier by virtue of sub-paragraph (2)(b), it is to be treated as an extra review that does not affect the running of the 5-year period in relation to the previous review (and no 5-year period runs under sub-paragraph (2)(a) in relation to the extra review).
(4) For the purpose of this paragraph—
(a) a subsequent rate of return is a rate of return that is set—
(i) for the time being (including by reason of an extra review as mentioned in sub-paragraph (3)), and
(ii) subsequently to an original rate of return as described in paragraph 1(3)(a) (including as a result of a review under sub-paragraph (1) conducted from time to time by virtue of the continuing operation of sub-paragraph (2)(a) and (b)),
(b) the 5-year period is the period of 5 years beginning with the day on which the previous review of a rate of return must be started (ignoring an extra review as mentioned in sub-paragraph (3)).

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Source: https://www.legislation.gov.uk/ukpga/1996/48/schedule/B1/paragraph/2 (the official version)
Page: https://openlegislation.uk/damages-act-1996/schedule-B1/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

