LegalizeRates (Amendment) (2006 Order) (Commencement No. 1) Order (Northern Ireland) 2006
Made: 22nd November 2006
The Department of Finance and Personnel[^f00001] makes the following Order in exercise of the powers conferred by Article 1(3) of the Rates (Amendment) Northern Ireland) Order 2006[^f00002]:
Citation and interpretation
1
- (1) This Order may be cited as the Rates (Amendment) (2006 Order) (Commencement No. 1) Order (Northern Ireland) 2006.
- (2) In this Order “the 2006 Order” means the Rates (Amendment) (Northern Ireland) Order 2006.
Appointed days
2
- (1) 23rd November 2006 is the day appointed for the coming into operation of the provisions of the 2006 Order listed in column (1) of Schedule 1 for the purposes set out in column (3) thereof.
- (2) 1st December 2006 is the day appointed for the coming into operation of the provisions of the 2006 Order listed in column (1) of Schedule 2 for the purposes set out in column (3) thereof.
- (3) 1st January 2007 is the day appointed for the coming into operation of the provisions of the 2006 Order listed in column (1) of Schedule 3 for the purposes set out in column (3) thereof.
- (4) Except for Article 4, the day appointed for the coming into operation of the provisions of the 2006 Order, in so far as they have not been brought into operation before 1st April 2007, is 1st April 2007.
SCHEDULE 1 — Provisions coming into operation on 23rd November 2006
| Provisions of the 2006 Order (1) | Subject matter (2) | Purposes (3) |
|---|---|---|
| Article 29 | The Northern Ireland Valuation Tribunal | For the purpose of enabling the Lord Chancellor to make rules under paragraphs 7 to 13 of Schedule 9B to the Rates (Northern Ireland) Order 1977[^f00003] and in so far as is necessary for the purpose of an order under section 2(2)(a) of the Justice (Northern Ireland) Act 2002[^f00004] |
| Article 40 | Power to make transitional and consequential provisions, etc. | For all purposes |
| Schedule 1 | The Northern Ireland Valuation Tribunal | For the purpose of enabling the Lord Chancellor to make rules under paragraphs 7 to 13 of Schedule 9B to the Rates (Northern Ireland) Order 1977 and in so far as is necessary for the purpose of an order under section 2(2)(a) of the Justice (Northern Ireland) Act 2002 |
SCHEDULE 2 — Provisions coming into operation on 1st December 2006
| Provisions of the 2006 Order (1) | Subject matter (2) | Purposes (3) |
|---|---|---|
| Article 3 | Regional rate and district rate | For all purposes |
| Article 5 | Rateable values | For all purposes |
| Article 6 | Liability to be rated according to rateable values | For the purposes of making regulations |
| Article 7 | Liability to be rated in respect of hereditaments owned by the Housing Executive, etc. | For all purposes |
| Article 8 | Basis of valuation | For all purposes |
| Article 10 | Agreements for deferred payment of rates on dwellings | For all purposes |
| Article 11(2)(c) and (d), (3) and (4) | General provisions as to valuation lists | For all purposes |
| Article 12 | New valuation lists | For all purposes |
| Article 13 | Access to valuation lists | For all purposes |
| Article 14 | Rate relief scheme | For all purposes |
| Article 15 | Persons under 18 and persons in education and training or leaving care | For all purposes |
| Article 18 | Transitional rate relief | For all purposes |
| Article 19 | Extension of exemption relating to sale of goods donated to a charity | For all purposes |
| Article 21 | Power to prescribe exemption where hereditament has both a capital value and a net annual value | For all purposes |
| Article 26 | Power to remove exemption for private dwellings from completion notices | For all purposes |
| Article 27 | Power to extend exemption from completion notices | For all purposes |
| Article 32 | Power to transfer appeal to the Lands Tribunal not to apply in prescribed cases | For all purposes |
| Article 33 | Appeals from the Commissioner and the Valuation Tribunal | For the purposes of making regulations |
| Article 34 | Payment of interest | For all purposes |
| The following paragraphs of Schedule 2 and Article 39 in so far as it relates to them— paragraphs 2(1), (4), (6), (7), (9) and (10), 3, 4, 6, 7(1) and (2), 18(1), (2)(b), (3) and (4) 24, 37(1) and (3)(a) and (c), 38(1), (3) and (4), 41 to 43 and 48(1), (3), (4) and (6) | Amendments to the Rates (Northern Ireland) Order 1977 | For all purposes other than— the omission of paragraph 2(2) of Part XIII of Schedule 12 to the Rates (Northern Ireland) Order 1977; and the amendment of paragraph 3(1) of Part XIII of Schedule 12 to that Order |
| In Schedule 3 the following entries and Article 41in so far as it relates to them— | Repeals | |
| the entries relating to Articles 2(2), 5, 11(2)(b), 41, 60 and 61 of, and Schedules 5, 6 and 12 to, the Rates (Northern Ireland) Order 1977 | For all purposes other than— the repeal of the definition of “rack rent” in Article 2(2); | |
| the repeal of the words “an interest in which belongs to, or to trustees of for, a religious body and” in Article 41(8) and the words “(in right of that interest)” in Article 41(8)(a); | ||
| the repeal of the words “, other than the occupier or owner of land” in Article 60(4); and the repeal of paragraph 3 of Part I of and paragraph 2(2) of Part XIII of Schedule 12 to the Rates (Northern Ireland) Order 1977 | ||
| the entry relating to the Rates (Amendment) (Northern Ireland) Order 1979[^f00005] | For all purposes | |
| the entry relating to the Local Government, Planning and Land (Northern Ireland) Order 1981[^f00006] | For all purposes other than the repeal of words in Article 6 | |
| the entry relating to the Rates (Amendment) (Northern Ireland) Order 1983[^f00007] | For all purposes | |
| the entry relating to the Rates (Amendment) (Northern Ireland) Order 1996[^f00008] | For all purposes | |
| the entry relating to the Rates (Capital Values, etc.) (Northern Ireland) Order 2006[^f00009] | For all purposes other than the repeal of Article 14(3) |
SCHEDULE 3 — Provisions coming into operation on 1st January 2007
| Provisions of the 2006 Order (1) | Provisions of the 2006 Order (1) | Subject matter (2) | Subject matter (2) | Purposes (3) | Purposes (3) |
|---|---|---|---|---|---|
| Article 9 | Right to pay rates by instalments | Right to pay rates by instalments | For all purposes | For all purposes | |
| Paragraph 46 of Schedule 2 and Article 39 in so far as it relates to it | Amendments to Schedule 9 to the Rates (Northern Ireland) Order 1977 | Amendments to Schedule 9 to the Rates (Northern Ireland) Order 1977 | For all purposes | For all purposes | |
| In Schedule 3 the following entries and Article 41 in so far as it relates to them— | Repeals | Repeals | |||
| the entries relating to Article 29 of, and Schedule 9 to, the Rates (Northern Ireland) Order 1977 | For all purposes | For all purposes | |||
| the entry relating to the Local Government, Planning and Land (Northern Ireland) Order 1981 | For the purposes of the repeal of words in Article 6 | For the purposes of the repeal of words in Article 6 |
Signed
Sealed with the Official Seal of the Department of Finance and Personnel on 22nd November 2006
Brian McClure — A senior officer of the Department of Finance and Personnel
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
With the exception of Article 4 (police purposes part of the regional rate), this Order provides for the coming into operation of the Rates (Amendment) (Northern Ireland) Order 2006 (“the 2006 Order”) in so far as it is not already in operation.
The Order provides for the coming into operation of—
- (a) the provisions of the 2006 Order listed in Schedule 1 to this Order, on 23rd November 2006;
- (b) the provisions of the 2006 Order listed in Schedule 2 to this Order, on 1st December 2006;
- (c) the provisions of the 2006 Order listed in Schedule 3 to this Order, on 1st January 2007; and
- (d) the remaining provisions of the 2006 Order (other than Article 4), on 1st April 2007.
Footnotes
[^f00001]: Formerly the Department of Finance; see S.I. 1982/338 (N.I. 6), Article 3
[^f00002]: S.I. 2006/2954 (N.I.18)
[^f00003]: S.I. 1977/2157 (N.I. 28)
[^f00004]: 2002 c. 26
[^f00005]: S.I. 1979/297 (N.I. 4)
[^f00006]: S.I. 1981/437 (N.I. 13)
[^f00007]: S.I. 1983/421 (N.I. 7)
[^f00008]: S.I. 1996/3162 (N.I. 25)
[^f00009]: S.I. 2006/1611 (N.I. 4)
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