Regulation 3 Interpretation and application of Part III1

In this Part–

• F1“the amount payable” for a chargeable financial year or part of a chargeable financial year in relation to a ratepayer, a F2billing authority and a hereditament means—

  1. (a)

     the amount the ratepayer is liable to pay to the authority as regards the hereditament in respect of the year or part under section 43 or 45 of the Act, whether calculated by reference to section 43(4) to (6) or F345(4) to (6) 45(4) or (4A) of the Act (as those provisions are amended or substituted in any case by or under Schedule 7A to the Act) or by refernce to an amount or rules determined or prescribed under section 47(1)(a) F4, 57A(3)(a) or 58(3)(a) of the Act; or

  2. (b)

     where an amount falls to be credited by the billing authority against the ratepayer’s liability in respect of the year or part, the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be credited;

• “demand notice” means the notice required to be served by regulation 4(1);

• “ratepayer” in relation to a chargeable financial year and a billing authority means a person liable to pay an amount under section 43 or 45 of the Act to the authority in respect of the year; and

• “relevant year” in relation to a notice means the chargeable financial year to which the notice relates.

• F5“the 1992 Act” means the Non-Domestic Rating Act 1992;

• “transitional adjustment notice” has the meaning given by paragraph 7A(2)(b) of Schedule 1

For the purposes of this Part the conditions mentioned in section 43(1) or 45(1) of the Act are not to be treated as fulfilled as regards a hereditament on any day on which the chargeable amount for the day in respect of it is 0 F6under section 45A of the Act or by virtue of a determination to that effect under section 47(1)(a) of the Act.

Where references are made in this Part to the day on which a notice is issued, they shall be taken to be references–

The provisions of this Part which provide for the repayment or crediting of any amount or the adjustment of payments due under a notice (including in particular paragraph 7 of Schedule 1) shall have effect subject to paragraph 10(4) of Schedule 7 to the Act.