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Regulation 5 Service of demand noticesI1C1

England and Wales

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

(1)

Subject to paragraph (2), a demand notice shall be served on or as soon as practicable after–

(a)

except in a case falling within sub-paragraph (b), 1st April in the relevant year, or

(b)

if the conditions mentioned in section 43(1) or 45(1) of the Act are not fulfilled in respect of that day as regards the ratepayer and the hereditament concerned, the first day after that day in respect of which such conditions are fulfilled as regards them.

C2(2)

F1Subject to paragraph (3), a demand notice may, if the non-domestic multiplier for the relevant year has been determined or set under Schedule 7 to the Act, be served before the beginning of the relevant year on a person with respect to whom on the day it is issued it appears to the F2billing authority that the conditions mentioned in section 43(1) or 45(1) of the Act are fulfilled (or would be fulfilled if a list sent under section 41(5) of the Act were in force) as regards the hereditament to which it relates; and if it is so served, references in this Part to a ratepayer shall, in relation to that notice and so far as the context permits, be construed as references to that person.

F3(3)

A demand notice shall not be served before the authority has set amounts for the relevant year under section 30 of the Local Government Finance Act 1992.

Annotations

Textual amendments

F1

Words in reg. 5(2) substituted (1.4.1993) by The Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 (S.I. 1993/774), regs. 1(1), 3(a)(i) (with reg. 2(1)(2))

F2

Words in Regulations substituted (1.4.1993) by The Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1993 (S.I. 1993/616), reg. 1(1), Sch. 2 Pt. 2 (with reg. 4)

F3

Reg. 5(3) inserted (1.4.1993) by The Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 (S.I. 1993/774), regs. 1(1), 3(a)(ii) (with reg. 2(1)(2))

Modifications

C1

Reg. 5 modified (E.) (18.2.1991) by The Community Charges and Non-Domestic Rating (Miscellaneous Provisions) (England) Regulations 1991 (S.I. 1991/242), regs. 1(1), 4(1), Sch. (with reg. 3)

C2

Reg. 5(2) modified (W.) (1.1.1996) by The Local Government Reorganisation (Wales) (Finance) (Miscellaneous Amendments and Transitional Provisions) Order 1995 (S.I. 1995/3150), arts. 1, 3

Commencement

I1

Reg. 5 in force at 21.7.1989, see reg. 1(1)

Notes on Part II

Modifications

C1

Pt. 2 applied (with modifications) (26.2.1990) by The Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (S.I. 1990/145), regs. 1(1), 3