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The Community Right to Challenge (Business Improvement Districts) Regulations 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111127100

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 235(6) and (7)(f) of the Localism Act 2011, for approval by resolution of each House of Parliament.

Local Government, England

Made ***

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 81(6)(e) of the Localism Act 2011f1, makes the following Regulations.

In accordance with section 235(6) and (7)(f) of that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2011 c. 20.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Specification of Business Improvement District bodies
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Community Right to Challenge (Business Improvement Districts) Regulations 2015 and come into force on the day after the day on which they are made.

2Interpretation

In these Regulations—

  • “BID” means business improvement district;

  • “BID arrangements” means—

    1. (a)

      “BID arrangements” within the meaning given in section 41(1) of the Local Government Act 2003f1;

    2. (b)

      “joint BID arrangements” within the meaning given in regulation 1A of the Business Improvement Districts (England) Regulations 2004f2;

    3. (c)

      “BRS-BID arrangements” within the meaning given in paragraph 2(1) of Schedule 2 to the Business Rate Supplements Act 2009f3;

    4. (d)

      “joint BRS-BID arrangements” within the meaning given in regulation 22 of the Business Improvement Districts (Property Owners) (England) Regulations 2014f4;

  • “BID body” means, where a local authority BID body is not responsible for implementing the BID arrangements, the body (whether corporate or not) responsible for implementing the BID arrangements;

  • “billing authority” has the meaning given in section 59(1)(a) of the Local Government Act 2003;

  • “business improvement district” has the meaning given in section 41(1) of the Local Government Act 2003;

  • “local authority BID body” means, where the relevant billing authority or a company under the control of that authority (within the meaning given in section 68 of the Local Government and Housing Act 1989f5) is responsible for implementing the BID arrangements, that authority or, as the case may be, that company;

  • “relevant billing authority” means the billing authority for the area of the BID.

3Specification of Business Improvement District bodies

A BID body is specified for the purposes of section 81(6)(e) of the Localism Act 2011.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Name

Parliamentary Under Secretary of State

Department for Communities and Local Government

Date

Explanatory note

(This note is not part of the Order)

These Regulations specify Business Improvement District bodies as a “relevant body” within the meaning of section 81(6) of the Localism Act 2011 (“the 2011 Act”). Under the 2011 Act, relevant authorities, defined as including a county council, a district council or a London borough council, are required to consider an expression of interest submitted by a relevant body in relation to providing, or assisting in providing, a service provided by or on behalf of a local authority.

Article 2 defines Business Improvement District bodies for the purposes of these Regulations. Under Article 2, this is the body, or bodies, responsible for implementing “BID arrangements”; however, the definition does not include a “local authority BID body” or bodies which are part of a joint arrangement with other bodies responsible for implementing BID arrangements where one of the bodies in the joint arrangement is a local authority BID body.

Article 2 defines “BID arrangements” and “local authority BID body” for the purposes of these Regulations.