The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 1990
S.I. 1990/2499 · Made 7 December 1990
RATING AND VALUATION
Made 7th December 1990
Laid before Parliament 10th December 1990
Coming into force 31st December 1990
The Secretary of State for Wales, in exercise of the powers conferred on him by sections 140(4), 143(1) and (2) and 146(6) of, and paragraphs 4(1) and (5) and 6(2) and (2A), 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, 143 and 146 were amended, and paragraph 6(2A) of Schedule 8 was inserted, by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraphs 69, 72, 75 and 42 respectively.
Contents
1Citation and commencement
These Regulations may be cited as the Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 1990 and shall come into force on 31st December 1990.
2Amendments
The Non-Domestic Rating Contributions (Wales) Regulations 1989f1 shall have effect in relation to financial years beginning on or after 1st April 1991 with the following amendments—
in Schedule 1—
in paragraph 1(1) for “paragraphs 2 to 11” there shall be substituted “paragraphs 2 to 12”;
in paragraph 1(2) for “paragraphs 10 and 11” there shall be substituted “paragraphs 10 to 12”;
after paragraph 5 there shall be inserted the following paragraph—
“5AThe amount which is 75% of the total of any chargeable amounts—
(a)which are payable to the authority under sections 43 and 45 of the Act in respect of a relevant day, and
(b)in respect of which, in accordance with an agreement made under regulations made under paragraphs 1 and 4A of Schedule 9 to the Act, the authority has taken no steps to recover any payment.”;f2
in paragraph 6(1) for “(A × £24)” there shall be substituted “(A × £26.40)”;
in paragraph 9 at the beginning for the words “The total of interest and additional amounts by way of interest” there shall be substituted “The amounts of interest”;
in paragraph 9(a) there shall be omitted the words “or paragraph 2(2A) of Schedule 9 to”f3 and “or under paragraph 2(2)(j) of Schedule 9 to the Act”; and
at the end there shall be added the following paragraph—
“12The amount which is 75% of the total of any amounts which—
(a)fell within paragraph 5A(a) and (b) of this Schedule for the purposes of a calculation made for a preceding year under paragraph 5(6) of Schedule 8 to the Act, and
(b)have been paid to the authority under sections 43 and 45 of the Act.”f4;
for Schedule 2 there shall be substituted the following Schedule—
“SCHEDULE 2
ASSUMPTIONS RELATING TO PROVISIONAL AMOUNTS
Regulation 4
PART I
ASSUMPTIONS
1(1)The assumptions prescribed in relation to paragraph 2 of Schedule 1 to these Regulations are the assumptions prescribed in paragraph 2 below.
(2)The assumptions prescribed in relation to paragraphs 3 to 5A and 7 to 12 of Schedule 1 to these Regulations are the assumptions prescribed in paragraphs 3 to 8 below.
Assumption as to gross amount
2(1)Subject to sub-paragraph (7) below, it shall be assumed that the hereditaments shown for each relevant day will be the hereditaments shown in the authority’s local non-domestic rating list on 31st December in the immediately preceding year and any hereditaments to which sub-paragraph (2) below applies.
(2)This sub-paragraph applies to any hereditaments which, by virtue of an order made under section 58(2) of the Local Government Act 1972f5 on or before 15th January in the immediately preceding year, will be shown in the authority’s local non-domestic rating list for 1st April in the financial year to which the calculation relates, but are shown on 31st December in the immediately preceding year in another authority’s local non-domestic rating list.
(3)It shall be assumed that the rateable value of the hereditaments described in sub-paragraphs (1) and (2) above will on each relevant day be the rateable value shown for the hereditaments in an authority’s local non-domestic rating list on 31st December in the immediately preceding year.
(4)Subject to paragraph (7) below, where the year to which the calculation relates is a year in which local non-domestic rating lists are compiled under section 41(1) of the Act, it shall be assumed that the hereditaments shown in an authority’s local non-domestic rating list will be the hereditaments shown in the list which the valuation officer for the authority proposes to compile in that year and which he has sent to the authority under section 41(5) of the Act, and any hereditaments to which sub-paragraph (5) below applies.
(5)This sub-paragraph applies to any hereditaments which, by virtue of an order made under section 58(2) of the Local Government Act 1972 on or before 15th January in the immediately preceding year, will be shown in the authority’s local non-domestic rating list for 1st April in the financial year to which the calculation relates, but are shown in the list which the valuation officer for another authority proposes to compile in that year and which he has sent to that other authority under section 41(5) of the Act.
(6)It shall be assumed that the rateable value of the hereditaments described in sub-paragraphs (4) and (5) above will be the rateable values shown in the list which the valuation officer for an authority proposes to compile in the financial year to which the calculation relates and which he has sent to the authority under section 41(5) of the Act.
(7)It shall be assumed that the following hereditaments will not be shown for any relevant day, namely, any hereditaments which, by virtue of an order made under section 58(2) of the Local Government Act 1972 on or before 15th January in the immediately preceding year, will not be shown in the authority’s non-domestic rating list for 1st April of the financial year to which the calculation relates.
(8)It shall be assumed that the person in occupation of a hereditament on each relevant day will be the person in occupation of the hereditament on 31st December in the immediately preceding year.
(9)Where on 31st December in the immediately preceding year a hereditament is unoccupied, it shall be assumed that the hereditament became unoccupied on that day and will remain unoccupied on each relevant day, and that the owner of the hereditament on each relevant day will be the owner of the hereditament on 31st December in that year.
(10)It shall be assumed that the amount calculated for the authority in accordance with the assumptions prescribed in sub-paragraphs (1) to (9) above is the total of—
(a)the amount so calculated;
(b)the amount, if any, prescribed in relation to that authority in Part II of this Schedule (area ceasing to be an enterprise zonef6); and
(c)where the year to which a calculation relates is the financial year beginning on 1st April 1991, an amount prescribed in relation to that authority in column 1 of Part III of this Schedule (the removal of Crown immunities of health service bodiesf7);
multiplied by the percentage for projected change in rateable values prescribed in relation to the authority in column 2 of Part III of this Schedule.
Assumptions as to deductions from gross amount
3Where—
(a)a decision has not been made by the authority under section 47(3) of the Act as to whether or not section 47 of the Act will apply on one or more relevant days as regards a hereditament in relation to which the condition in section 47(2)(a) applies, and
(b)a reduction or remission of rates has been granted by the authority as regards the hereditament and has effect for the immediately preceding financial year under section 47(1)(a) of the Act,
it shall be assumed for the purpose of calculating the amount described in paragraph 3 of Schedule 1 to these Regulations that such reduction or remission will apply as regards the hereditament, in respect of each relevant day, as if it had been made under section 47(1)(a) of the Act in respect of each such day.
4Where—
(a)a decision has not been made by the authority under section 47(3) of the Act as to whether or not section 47 of the Act will apply on one or more relevant days as regards a hereditament other than a hereditament in relation to which the condition in section 47(2)(a) applies, and
(b)a reduction or remission of rates has been granted by the authority as regards the hereditament and has effect for the immediately preceding financial year under section 47(1)(a) of the Act,
it shall be assumed for the purpose of calculating the amount described in paragraph 4 of Schedule 1 to these Regulations that such reduction or remission will apply as regards the hereditament, in respect of each relevant day, as if it had been made under section 47(1)(a) of the Act in respect of each such day.
5It shall be assumed that the amounts described in paragraphs 5 and 5A of Schedule 1 will be nil.
6(1)It shall be assumed that the amounts described in paragraph 7 of Schedule 1 to these Regulations will be 0.2% of the amount described in sub-paragraph (2) below.
(2)The amount is the total of the chargeable amounts payable to the authority under sections 43 and 45 of the Act in respect of each relevant day, calculated in accordance with the provisions of paragraph 2 of this Schedule, less the deductions from that amount prescribed in paragraphs 3 and 4 of Schedule 1 to these Regulations, calculated in accordance with the provisions of paragraphs 3 and 4 of this Schedule.
7It shall be assumed that, in relation to each authority, the total of amounts deducted in accordance with paragraph 1(2) of Schedule 1 to these Regulations by virtue of paragraphs 8 and 9 of that Schedule will be the amount prescribed for that authority in column 3 of Part III of this Schedule.
Assumptions as to additions to gross amount
8It shall be assumed that the amounts described in paragraphs 10, 11 and 12 of Schedule 1 will be nil.
PART II
PRESCRIBED AMOUNTS IN RESPECT OF ENTERPRISE ZONES
Name of the authority Prescribed amount Swansea £3,672,000 PART III
PRESCRIBED AMOUNTS IN RESPECT OF REMOVAL OF CROWN IMMUNITIES, REPAYMENTS AND INTEREST AND PERCENTAGES FOR PROJECTED CHANGE IN RATEABLE VALUES
(1) (2) (3) Name of the authority (district, borough or city council) Prescribed Amount (Crown immunities) Prescribed percentage Prescribed amount (repayments and interest) £ % £ Aberconwy 292,423 100.8 47,240 Alyn and Deeside 75,810 103.5 73,150 Arfon 577,339 101.3 37,050 Blaenau Gwent 98,687 100.8 38,850 Brecknock 192,982 102.2 15,450 Cardiff 2,541,290 101.4 393,650 Carmarthen 423,921 100.6 32,850 Ceredigion 200,793 101.2 39,800 Colwyn 81,549 100.6 34,900 Cynon Valley 117,386 100.6 29,250 Delyn 134,889 102.9 44,100 Dinefwr 16,867 102.8 8,900 Dwyfor 22,526 101.4 22,800 Glyndwr 212,755 101.8 26,750 Islwyn 48,634 101.2 27,650 Llanelli 447,576 99.3 34,950 Lliw Valley 89,066 98.5 27,100 Meirionydd 81,744 101.5 19,100 Merthyr Tydfil 459,972 103.0 35,400 Monmouth 636,676 100.9 67,650 Montgomeryshire 115,215 103.5 22,550 Neath 261,507 98.5 53,350 Newport 725,034 100.2 191,600 Ogwr 733,552 102.2 104,050 Port Talbot 82,005 99.9 52,000 Preseli Pembrokeshire 314,724 99.7 97,650 Radnorshire 37,022 101.1 8,600 Rhondda 129,423 100.5 31,500 Rhuddlan 525,978 101.0 64,200 Rhymney Valley 182,981 100.8 51,350 South Pembrokeshire 49,730 100.2 70,700 Swansea 1,211,810 102.0 197,150 Taff Ely 447,731 100.4 112,400 Torfaen 302,105 101.0 47,150 Vale of Glamorgan 617,783 101.7 93,750 Wrexham Maelor 432,708 103.5 96,150 Ynys Môn-Isle of Anglesey 37,238 101.2 29,750 ”.
Signature
David Hunt
Secretary of State for Wales
7th December 1990
Explanatory note
(This note is not part of the Regulations)
Under Part II of Schedule 8 to the Local Government Finance Act 1988, charging 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 payments being made after the year ends. These Regulations amend the rules for the calculation of those contributions contained in the Non-Domestic Contributions (Wales) Regulations 1989 (“the 1989 Regulations”).
Minor changes are made to the rules for the final calculation of a non-domestic rating contribution set out in Schedule 1 to the 1989 Regulations, including fresh provision for a deduction to be made where authorities have entered into agreements to defer recovery of non-domestic rates.
A new Schedule 2 to the 1989 Regulations is substituted for the existing Schedule 2. This sets out the assumptions which are to be made when calculating the provisional amount of a non-domestic rating contribution. Changes made take account of local government boundary changes, and require certain assumptions to be made when an area ceases to be an enterprise zone and in relation to the cessation on 1st April 1991 of Crown exemption from rating for certain health service bodies.