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The Non-Domestic Rating Contributions (England) (Amendment) Regulations 1997

S.I. 1997/3031 · Made 18 December 1997

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.

RATING AND VALUATION

Made 18th December 1997

Laid before Parliament 19th December 1997

Coming into force 31st December 1997

The Secretary of State, in exercise of the powers conferred on him by sections 47(8), 140(4) and 143(1) and (2) of, and paragraphs 4 and 6 of Schedule 8 to, the Local Government Finance Act 1988f1 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1988 c. 41. Sections 140 and 143 were amended by paragraphs 69 and 72 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42, “the 1989 Act”), and paragraphs 4 and 6 of Schedule 8 were amended by paragraph 42 of Schedule 5 to the 1989 Act and by paragraph 6 of Schedule 10 and paragraph 86 of Schedule 13 to the Local Government Finance Act 1992 (c. 14).

Contents

  1. 1Citation and Commencement
  2. 2Amendment of the 1992 Regulations
  3. 3Rules for calculation of contributions
  4. 4Deductions from gross amount: county schools
  5. 5Assumptions relating to provisional amounts
  6. Signature
  7. Explanatory note

1Citation and Commencement

These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1997 and shall come into force on 31st December 1997.

2Amendment of the 1992 Regulations

Schedules 1 and 2 to the Non-Domestic Rating Contributions (England) Regulations 1992f1 are amended as follows.

3Rules for calculation of contributions

In relation to financial years beginning on or after 1st April 1998, in Schedule 1—

(a)

in paragraph 1(4), for “1997” there is substituted “1998”;

(b)

in paragraph 4(4), for “1997 is £77,751,000” there is substituted “1998 is £78,606,000”;

(c)

for the Table in Part II there is substituted—

“

COST FACTORS

Name or description of authorityCost Factor
The councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers, Watford1.1387
The councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Herfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead, Woking1.1050
The council of a district other than a district named above which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Kent, Oxfordshire or West Sussex1.0450
The council of a district other than a district named, or falling within a description given, above1.0
The council of an inner London borough1.2152
The council of an outer London borough1.1140
The Common Council of the City of London1.5169
The Council of the Isles of Scilly1.0
The Isle of Wight Council1.0450

”

4Deductions from gross amount: county schools

(1)

In paragraph 3 of Schedule 1, after sub-paragraph (1), there is inserted—

“(1A)

For the purposes of sub-paragraph (1) above there shall be ignored any determination in so far as it is made in respect of the occupation of a hereditament for the purposes of a county school (within the meaning of section 31(1) of the Education Act 1996).”f1

(2)

Paragraph (1) applies to a determination in so far as it is made in respect of a day in a financial year beginning on or after 1st April 1998.

(3)

Where in relation to a day in a financial year beginning on or after 1st April 1998 a billing authority has decided that section 47 of the Local Government Finance Act 1988f2 is to apply as regards a hereditament occupied for the purposes of a county school, regulation 2 of the Non-Domestic Rating (Discretionary Relief) Regulations 1989f3 shall have effect as respects notice given on any day before 1st April 1998 in relation to such a hereditament, in so far as it is occupied for the purposes of such a school, as if paragraph (3) of that regulation were omitted.

(4)

In this regulation “county school” has the meaning given by section 31(1) of the Education Act 1996.

5Assumptions relating to provisional amounts

In relation to financial years beginning on or after 1st April 1998, in Schedule 2—

(a)

in paragraph 2(12), for “0.962” there is substituted “0.951”;

(b)

for the table in paragraph 8(1) there is substituted the following—

“

Name or description of authorityPercentage
The council of a metropolitan district1.4
The council of a non-metropolitan district which has the functions of a county council1.4
The council of a non-metropolitan district which does not have the functions of a county council1.1
The council of a London borough, and the Common Council of the City of London2.2
The Council of the Isles of Scilly and the Isle of Wight Council1.4

”

Signature

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State

Department of the Environment, Transport and the Regions

18th December 1997

Explanatory note

(This note is not part of the Regulations)

Under Part II of Schedule 8 to the Local Government Finance Act 1988, billing authorities are required to pay amounts (called non-domestic rating contributions) to the Secretary of State. Payments in respect of a provisional amount of the contributions are made during the financial year, final calculations and any adjustments of payments being made after the year ends.

These Regulations amend the rules for calculation of contributions contained in the Non-Domestic Rating Contributions (England) Regulations 1992, with effect from 1st April 1998. Regulations 3 and 5 alter certain figures used in the calculation of contributions and provisional amounts. Regulation 4 disallows deductions from contributions in respect of hereditaments occupied for the purposes of county schools, and makes transitional provision.