# The Rates (Unoccupied Hereditaments) (Amendment) Regulations (Northern Ireland) 2017

S.R. 2017/231 · made 4 December 2017

These Regulations amend the Schedule to the Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011 (S.R. 2011 No. 36) (“the 2011 Regulations”) to provide an exemption from unoccupied rates for a person who has qualified for assistance under a scheme made under Article 26 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (“the 1992 Order”) where the conditions in paragraph 20(2) of the Schedule to the 2011 Regulations are also met. Article 26 of the 1992 Order provides for schemes of emergency financial assistance to district councils in the event of flooding following heavy rain or tidal surge.

Made under: Rates (Northern Ireland) Order 1977 (Article 25A, Schedule 8A paragraph 1)

PDFs: Printed copy https://openlegislation.uk/rates-unoccupied-hereditaments-amendment-regulations-northern-ireland-2017/pdf/nisr_20170231_en.pdf; NI Explanatory Memorandum https://openlegislation.uk/rates-unoccupied-hereditaments-amendment-regulations-northern-ireland-2017/pdf/nisrem_20170231_en.pdf

## Introductory text

Rates
Made 4th December 2017
Coming into operation 5th December 2017
The Department of Finance makes the following Regulations in exercise of the powers conferred by Article 25A(6) of, and paragraph 1(1) to (3) of Schedule 8A to, the Rates (Northern Ireland) Order 1977.

## 1 Citation and commencement

These Regulations may be cited as the Rates (Unoccupied Hereditaments) (Amendment) Regulations (Northern Ireland) 2017 and shall come into operation on 5th December 2017.

## 2 Amendment of the Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011

In the Schedule to the Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011, after paragraph 19 there shall be added the following paragraph—
“20. (1) Subject to the conditions in sub-paragraph (2), the hereditament is located in an area included within a scheme made under Article 26 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 and the person entitled to possession of the hereditament has qualified for payment from a council assisted under that scheme.
(2) Sub-paragraph (1) applies only to a hereditament which—
(a) is unoccupied due to flooding following heavy rain or tidal surge;
(b) has been so unoccupied for a continuous period not less than four weeks; and
(c) when last in occupation was the only or principle residence of the person now entitled to possession of the hereditament.
(3) Where sub-paragraph (2)(b) applies the exclusion for the unoccupied hereditament will be up to a maximum of six months per incident.”

## Signature

Sealed with the Official Seal of the Department of Finance on 4th December 2017
L.S.
Brian McClure
A senior officer of the Department of Finance

## Explanatory note

(This note is not part of the Order)
These Regulations amend the Schedule to the Rates (Unoccupied Hereditaments) Regulations (Northern Ireland) 2011 (S.R. 2011 No. 36) (“the 2011 Regulations”) to provide an exemption from unoccupied rates for a person who has qualified for assistance under a scheme made under Article 26 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (“the 1992 Order”) where the conditions in paragraph 20(2) of the Schedule to the 2011 Regulations are also met. Article 26 of the 1992 Order provides for schemes of emergency financial assistance to district councils in the event of flooding following heavy rain or tidal surge.

---
Source: https://www.legislation.gov.uk/nisr/2017/231 (the official version)
Page: https://openlegislation.uk/rates-unoccupied-hereditaments-amendment-regulations-northern-ireland-2017
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.