OpenLegislation

Paragraph 5

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A valuation officer may serve a notice on a person who is an owner or occupier of a hereditament F1requesting him to supply to the officer information—

(a)

which is specified in the notice, and

(b)

which the officer reasonably believes will assist him in carrying out functions conferred or imposed on him by or under this Part.

F2(1A)

A notice under F3sub-paragraph (1) must state that the officer believes the information requested will assist him in carrying out functions conferred or imposed on him by or under this Part.

F4(1B)

A billing authority in Wales may serve a notice on a person to whom sub-paragraph (1D) applies, requesting the person to supply to the authority information—

(a)

which is specified in the notice,

(b)

which relates to a hereditament in the authority's area specified in the notice, and

(c)

which the authority reasonably believes will assist it in carrying out functions conferred or imposed on it by or under this Part.

(1C)

A notice under sub-paragraph (1B) must state that the billing authority believes the information will assist it in carrying out functions conferred or imposed on it by or under this Part.

(1D)

This sub-paragraph applies to—

(a)

a person who is an owner of the hereditament specified in the notice under sub-paragraph (1B);

(b)

a person who is an occupier of such a hereditament;

(c)

a person who, in relation to the hereditament specified in the notice under sub-paragraph (1B), is carrying on a business of a description specified in regulations made by the Welsh Ministers.

(2)

A person on whom a notice is served under F5sub-paragraph (1) shall supply the information F6requestedF7... in such form and manner as is F8specified in the notice ....

F9(2A)

A person on whom a notice is served under sub-paragraph (1B) must supply the information requested in the form and manner specified in the notice.

F10(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

If a notice has been served on a person under F11sub-paragraph (1), and in supplying information in purported compliance with sub-paragraph (2) above he makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, he shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 3 on the standard scale or to both.

F12(5)

If a notice has been served on a person under sub-paragraph (1B), and in supplying information in purported compliance with sub-paragraph (2A) the person makes a statement knowing it to be false in a material particular or recklessly makes a statement which is false in a material particular, the person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations

Textual amendments

F1

Words and para. 5(1)(a)(b) of Sch. 9 substituted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 46(2)

F2

Sch. 9 para. 5(1A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 46(2)

F3

Words in Sch. 9 para. 5(1A) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 151(2)(a), 175(4)(a)

F4

Sch. 9 para. 5(1B)-(1D) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 151(2)(b), 175(4)(a)

F5

Words in Sch. 9 para. 5(2) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 151(2)(c), 175(4)(a)

F6

Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 46(4)(a)

F7

Words in Sch. 9 para. 5(2) repealed (18.9.2003) by Local Government Act 2003 (c. 26), ss. 72(2), 128(1)(a), Sch. 8 Pt. 1

F8

Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 46(4)(b)

F9

Sch. 9 para. 5(2A) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 151(2)(d), 175(4)(a)

F10

Sch. 9 para. 5(3) repealed (18.9.2003) by Local Government Act 2003 (c. 26), ss. 72(3), 128(1)(a), Sch. 8 Pt. 1

F11

Words in Sch. 9 para. 5(4) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 151(2)(e), 175(4)(a)

F12

Sch. 9 para. 5(5) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 151(2)(f), 175(4)(a)