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The Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (Wales) Regulations 2002

W.S.I. 2002/1735 · Made 4 July 2002

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RATING AND VALUATION, WALES

Made 4th July 2002

Coming into force 23rd July 2002

The National Assembly for Wales makes the following Regulations in exercise of the powers given to the Secretary of State by sections 55(2), (4) and (6) and 143(1) and (2) of, and paragraphs 10 to 12 of Schedule 7A to, the Local Government Finance Act 1988f1 which are now vested in the National Assembly for Wales so far as exercisable in Walesf2.

Annotations to the whole text

Footnotes

f1

1988 c. 41.

f2

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

Contents

  1. 1Name, commencement and application
  2. 2Amendment of the 1993 Regulations
  3. 3Circumstances in which proposals may be made
  4. 4Periods in which proposals may be made: 2000 and subsequent lists
  5. 5Time from which alteration is to have effect: general
  6. 6Appeals against certification
  7. 7Appeals
  8. Signature
  9. Explanatory note

1Name, commencement and application

(1)

The name of these Regulations is the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (Wales) Regulations 2002 and they shall come into force on 23rd July 2002.

(2)

These Regulations apply to Wales only.

2Amendment of the 1993 Regulations

The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993f1 are amended in accordance with the following provisions of these Regulations.

3Circumstances in which proposals may be made

In regulation 4A—

(a)

in paragraph (1), after sub-paragraph (b) insert—

“(bb)

the rateable value shown in the list for a hereditament is inaccurate by reason of an amendment to the classes of plant and machinery set out in the Schedule to the Valuation for Rating (Plant and Machinery) (Wales) Regulations 2000f1 which comes into force on or after the day on which the list was compiled;”; and

(b)

in paragraph (4)—

(i)

for “either of the grounds set out in sub-paragraph (c) or (e)” substitute “any of the grounds set out in sub-paragraph (bb), (c) or (e)”; and

(ii)

for “the alteration in question” substitute “the alteration or amendment in question”.

4Periods in which proposals may be made: 2000 and subsequent lists

For regulation 4C(2), substitute—

“(2)

A proposal on the ground set out in regulation 4A(1)(c) may only be made within six months of either the date of the alteration or the day on which the next list is compiled, whichever is the later.”.

5Time from which alteration is to have effect: general

(1)

After regulation 13A(4), insert—

“(4A)

An alteration made to show in or, as the case may be, to delete from a list any hereditament which, before the list was compiled, came into existence or ceased to exist as a consequence of—

(a)

property previously rated as a single hereditament becoming liable to be rated in parts, or

(b)

property previously rated in parts becoming liable to be rated as a single hereditament, or

(c)

any part of a hereditament becoming part of a different hereditament,

shall have effect from the day the list was compiled.”

(2)

In regulation 13A(13)—

(a)

for “an alteration made” substitute “where an alteration is made”;

(b)

for “shall have effect” substitute “then”; and

(c)

for sub-paragraph (a), substitute the following—

“(a)

where the alteration is made in pursuance of a proposal, it shall have effect as follows—

(i)

if the proposal is served on the valuation officer within 6 months of the date of the previous alteration, from the date on which the previous alteration fell to have effect;

(ii)

if the proposal is served on the valuation officer after 6 months from the date of the previous alteration but on or before 30th September 2002, from the date on which the previous alteration fell to have effect or 1st April 2001 whichever is the later;

(iii)

if the proposal is served on the valuation officer after 6 months from the date of the previous alteration and after 30th September 2002, from the date on which the previous alteration fell to have effect or the first day of the financial year in which the proposal is served, whichever is the later; or”;

(d)

in sub-paragraph (b), for “in any other case, from that day” substitute “where the alteration is not made in pursuance of a proposal, the alteration shall have effect from the date on which the previous alteration fell to have effect”.

(3)

After paragraph (13), insert the following paragraph—

“(13A)

Subject to paragraph (14), an alteration made to correct an inaccuracy in a list (other than an alteration which falls to take effect as provided in the foregoing provisions of this regulation) shall have effect from the day on which the list became inaccurate.”.

6Appeals against certification

In regulation 30(2), for “six months” substitute “a year”.

7Appeals

In paragraph (a) of the definition of appeal in regulation 2(1) and in regulations 2(3)(a), 34(5), 38(1)(b), 40(12), 44(2) and 47(1), after “Regulations 1994” insert “or under regulation 12 of the Non-Domestic Rating (Chargeable Amounts) (Wales) Regulations 1999f1”.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1

D. Elis-Thomas

The Presiding Officer of the National Assembly

4th July 2002

Explanatory note

(This note is not part of the Regulations)

The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 govern the alteration of non-domestic rating lists. They provide for the alteration of lists by the valuation officers, proposals by other persons for alterations and appeals to valuation tribunals where there is a disagreement about a proposal between a valuation officer and the proposer.

These Regulations amend the 1993 Regulations in relation to Wales—

(a)

to include a new ground for making a proposal to alter a list (regulation 3);

(b)

to extend the period in which a proposal under regulation 4A(1)(c) (a proposal to alter a rateable value where the value shown in the list is inaccurate by reason of a previous alteration by a valuation officer) may be made (regulation 4);

(c)

to amend regulation 13A (which provides for the date on which an alteration, if successful, has effect in the rating list) (regulation 5);

(d)

to extend the period in which an appeal against a certification may be made (regulation 6); and

(e)

to make other minor amendments (regulation 7).