Regulation 3 Approval in ballot – second voting condition
— This Regulation makes provision for the meaning of “A” and “B”, for the purposes of section 40(4) of the 2006 Act, in the case of a ballot following on the submission of a statement which specifies entitlement to vote in accordance with sub paragraph (ii) of section 39(3)(a) of the 2006 Act.
“A” is the aggregate of the C rateable values, D rateable values and E rateable values of the lands and heritages in respect of which a person voting in the ballot has voted in favour of the BID proposals.
“B” is the aggregate of the C rateable values, D rateable values and E rateable values of the lands and heritages in respect of which a person voting in the ballot has voted against the BID proposals.
For the purposes of paragraphs (2) and (3)–
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“C rateable values” means the rateable values of those lands and heritages in respect of which a person votes in the ballot as an eligible ratepayer, and in respect of which lands and heritages there is no other eligible person;
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“D rateable values” means the rateable values which amount to P per cent of the rateable values of those lands and heritages in respect of which a person votes in the ballot as an eligible ratepayer, and in respect of which lands and heritages there is an other eligible person; and
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“E rateable values” means the rateable values which amount to Q per cent of the rateable values of those lands and heritages in respect of which a person votes in the ballot as an other eligible person and in respect of which lands and heritages there is an eligible ratepayer.
The function of determining P and Q for the purposes of paragraph (4) is delegated to the persons who have drawn up the BID proposals which are the subject of the ballot;
Provided that–
Those persons shall determine P and Q having regard to their assessment of the anticipated benefits that shall accrue to the eligible ratepayers (as a group), in comparison with the other eligible persons (as a group), from the BID proposals if they were to be approved by the ballot.