# The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
These Regulations, which apply in relation to England only, revoke and partially replace the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 2005 (“the 2005 Regulations”).
The Regulations reflect the establishment on 1st October 2009 of the Valuation Tribunal for England (“VTE”), which is to assume the jurisdiction currently exercised by 56 valuation tribunals in England. Those tribunals, which are to be abolished on 1st October 2009, deal with matters arising under:
regulations under section 55 of the Local Government Finance Act 1988 (“the 1988 Act”),
paragraph 4A of Schedule 4A to the 1988 Act,
paragraph 5C of Schedule 9 to the 1988 Act,
section 45 of the Land Drainage Act 1991 (c.59),
section 16 of the Local Government Finance Act 1992 (c.14) (“the 1992 Act”),
regulations under section 24 of the 1992 Act, and
paragraph 3 of Schedule 3 to the 1992 Act.
Those provisions of the 2005 Regulations which relate to procedural matters relevant to the current system of valuation tribunals have not been carried forward in these Regulations because similar provisions are contained in the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 (S.I. 2009/2269).
The opportunity has been taken to re-order some of the other material contained in the 2005 Regulations and to make minor drafting amendments.
These Regulations are primarily concerned with the alteration of local and central non-domestic rating lists, which are compiled under the 1988 Act. They cover the alteration of non-domestic rating lists by valuation officers, proposals for such alterations from other persons and appeals to the VTE where there is disagreement about a proposal between the valuation officer and another person.
Part 1 of the Regulations (regulations 1 and 2) contains definitions of terms used in the Regulations.
In Part 2:
regulation 3 defines terms used in Part 2,
regulation 4 sets out the circumstances in which proposals to alter the list may be made,
regulation 5 specifies the time limits within which proposals are to be made,
regulation 6 sets out the content of proposals,
regulations 7 to 13 provide the procedures to be followed by valuation officers in relation to proposals,
regulation 14 provides for the determination of the effective date of any alteration made,
regulation 15 makes special provision in relation to advertising hoardings,
regulation 16 requires the effective date of any alteration to be shown in the list, and
regulation 17 makes provision for the notification of any alteration, and
In Part 3, regulation 18 applies Part 2, with modifications, to hereditaments shown on the central non-domestic rating lists.
In Part 4, regulation 19 sets out the procedure for appeals against building completion notices and the imposition of penalty notices. Regulation 20 reproduces, in an amended form to reflect the establishment of the VTE, paragraph (7) of regulation 17A of the 2005 Regulations which was inserted by S.I. 2006/2313. (With the exception of regulation 20 and regulation 23(3) mentioned below, regulation 17A is spent and is not reproduced in these Regulations.)
Regulation 21 requires valuation officers to give notice to billing authorities or the Secretary of State of certain applications to the VTE or appeals to the Upper Tribunal (which has superseded the Lands Tribunal), and to notify the VTE of appeals to the Upper Tribunal. Billing authorities are also required to notify the VTE of appeals made to the Upper Tribunal as regards decisions or orders relevant to completion notices.
In Part 5, regulation 22 makes provision for the giving or service of notices. Regulation 23 deals with the retention of records by valuation officers and includes, in paragraph (3), provision comparable to that in regulation 17A(8) of the 2005 Regulations. Regulation 24 prescribes information to be supplied by authorities for the purposes of paragraph 6(1A) of Schedule 9 to the Act.
Regulation 25 contains revocation, savings and transitional provisions. Broadly, the effect is to revoke the 2005 Regulations, which are being replaced partly by these Regulations and partly by the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009, and the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 (“the 1993 Regulations”) which were saved by the 2005 Regulations for purposes connected with lists compiled before 1st April 2005. Regulation 44 of the 2005 Regulations, which continued the 1993 Regulations, is saved for purposes relevant to alterations made after the coming into force of these Regulations that affect lists compiled before 1st April 2005. Provision is made for things done under the 2005 Regulations before 1st October 2009 to be treated, where required, as done under the equivalent provision of these Regulations or the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009. The 1993 Regulations are saved, with modifications, for purposes relevant to lists compiled before 1st April 2005 and have effect for those purposes as if made under Schedule 11 to the 1988 Act as amended by the Local Government and Public Involvement in Health Act 2007.
An impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2009/2268/note (the official version)
Page: https://openlegislation.uk/non-domestic-rating-alteration-of-lists-and-appeals-england-regulations-2009/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.