The Central Rating Lists Regulations 1989

Made: 3rd December 1989

Laid before Parliament: 7th December 1989

Coming into force: 28th December 1989

The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 53(1), (2) and (5), 64(3), 140(4), 143(1) and (2) and 146(6) of the Local Government Finance Act 1988[^f00001], and of all other powers enabling them in that behalf, hereby make the following Regulations:–

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Central Rating Lists Regulations 1989 and shall come into force on 28th December 1989.

• (2) In these Regulations–

• “designated person” means any person designated by regulation 2;

• any reference to a hereditament is to a non-domestic hereditament;

• any reference to a company by name is a reference to the company registered by or bearing that name at the date of these Regulations; and

• any term used in the Schedule or Part of the Schedule has the meaning ascribed in that Schedule or Part.

Designation of persons and description of hereditaments

2

• (1) For the purposes of section 53(1) of the Local Government Finance Act 1988–

• (a) there are hereby designated the persons named in the Schedule, and

• (b) there are hereby prescribed in relation to each such person such a description of relevant hereditaments as is set out opposite the name of that person.

• (2) Regulation 6 (cross-boundary hereditaments) of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989[^f00002] shall not apply to any hereditament falling within any description in the Schedule.

Content of central rating lists

3

• (1) The central non-domestic rating list for England must show, for each day in each year for which that list is in force–

• (a) the name of each person designated by regulation 2 and named in the Schedule, and

• (b) against that name, each hereditament situated in England which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within any description prescribed in relation to that person by that regulation.

• (2) The central non-domestic rating list for Wales must show, for each day in each year for which that list is in force–

• (a) the name of each person designated by regulation 2 and named in Part 1, 3, or 5 of the Schedule, or under the heading I of Part 2, 4, 6 or 7 and

• (b) against that name, each hereditament situated in Wales which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within any description prescribed in relation to that person by that regulation.

4

• (1) Each central list shall also show, against the name of each designated person–

• (a) where the person is a registered company, its registered office, and in any other case the person’s principal place of business within the United Kingdom;

• (b) where the person is a registered company, its registered number;

• (c) the first day, if later than 1st April 1990, for which the rateable value shown in the list against the name of the designated person had effect.

• (2) Each central list shall also show–

• (a) where the list has been altered in pursuance of a direction by a tribunal, the name of the tribunal which gave the direction;

• (b) the total of the rateable values shown in the list in accordance with section 53(3) of the Local Government Finance Act 1988.

SCHEDULE

PART 1 — CANAL HEREDITAMENTS

In this Part,–

• “excepted hereditament” means any hereditament– consisting of or including a dock or harbour undertaking carried on under authority conferred by or under any enactment; consisting of premises so let out as to be capable of separate assessment; consisting of premises used as a shop, museum, car park, warehouse, place of public refreshment or as a workshop or premises for maintenance or repair or for the hiring or storage of craft; or consisting of office premises; and

• “inland waterway” includes any such waterway, whether natural or artificial.

PART 2 — ELECTRICITY SUPPLY HEREDITAMENTS

In this Part–

• “excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly– as a shop or other place for the sale, display or demonstration of apparatus or accessories for use by consumers of electricity (any use for the receipt of payments for the use of electricity being disregarded); as office premises of a designated person, where those premises are not situated on operational land of that person; or for both of the foregoing purposes; or for the generation of electricity primarily by means of wind power; and

• “public electricity supplier” has the same meaning as in section 6(9) of the Electricity Act 1989[^f00003].

PART 3 — GAS HEREDITAMENTS

In this Part–

• “excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly– for the manufacture of plant or gas fittings; as a shop or other place for the sale, display or demonstration of apparatus or accessories for use by consumers of gas (any use for the receipt of payments for the use of gas being disregarded); as office premises, where those premises are not situated on operational land of British Gas plc; or for more than one of the foregoing purposes; and

• “public gas supplier” has the same meaning as in Part I of the Gas Act 1986[^f00004].

PART 4 — RAILWAY HEREDITAMENTS

In this Part

• “excepted hereditament” means a hereditament consisting of or comprising– premises used as a shop, hotel, museum or place of public refreshment; premises used wholly or mainly as office premises occupied by a designated person which are not situated on operational land of that person or of another person designated by virtue of this Part; premises or rights so let out as to be capable of separate assessment; premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes.

PART 5 — TELECOMMUNICATIONS HEREDITAMENTS

PART 6 — WATER SUPPLY HEREDITAMENTS

In this Part,

• “excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly– for the manufacture, storage, sale, display or demonstration of apparatus or accessories for use by consumers of water (any use for the receipt of payments for the use of water or sewerage services being disregarded); or as office premises occupied by a designated person, where those premises are not situated on operational land of that person; or for both of the foregoing purposes.

PART 7 — LONG-DISTANCE PIPE-LINES

PART 8 — INTERPRETATION

In this Schedule–

• “office premises” means any hereditament constructed or adapted as offices or for office purposes, or used wholly or mainly for such purposes;

• “office purposes” includes the purposes of administration and clerical work and handling money; and

• “clerical work” includes writing, book-keeping, typing, filing, duplicating, sorting papers or information or calculating (whether by manual, mechanical or electronic means), drawing, and the editorial preparation of matter for publication;

• “operational land”, in relation to a designated person, means land which is used for the purposes of carrying on that person’s undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purposes of carrying on of statutory undertakings (within the meaning of the Town and Country Planning Act 1971)[^f00007];

and any reference to hereditaments used for any purpose includes a reference to hereditaments which are unused but in relation to which it appears that when next in use they will be used for such a purpose.

Signed

Chris Patten — Secretary of State for the Environment — 1st December 1989

Peter Walker — Secretary of State for Wales — 3rd December 1989

Explanatory note

(This note is not part of the Regulations)

Under section 53(1) of the Local Government Finance Act 1988 the Secretary of State may, with a view to securing the central rating en bloc of certain hereditaments, by Regulations designate a person and prescribe in relation to him one or more descriptions of non-domestic hereditaments. Such Regulations may require that the central rating lists (which are by virtue of section 140 compiled separately for England and for Wales) shall show in relation to that person hereditaments of the prescribed description or descriptions, and contain such information about hereditaments shown in it as the Secretary of State may prescribe by Regulations under section 53(2) and (5). Supplementary provision may be made under section 143(1).

Regulation 2 of these Regulations designates the persons named in the Schedule, and prescribes the descriptions of hereditaments there shown against the names of those persons.

Regulation 3 requires the central rating list for England or Wales to show the names of the designated persons and the hereditaments falling within the descriptions contained in the Schedule which are situated in England or, as the case may be, Wales, and which are occupied (or, as the case may be, owned) by that person.

Regulation 4 requires the lists to show certain information, including information about the designated persons, the date from which a rateable value shown in the list had effect, and the total of rateable values shown in the list.The Schedule is divided as follows:

Footnotes

[^f00001]: 1988 c. 41; section 53 is amended by paragraph 29 of Schedule 5 to the Local Government and Housing Act 1989, (c. 42).

[^f00002]: S.I. 1989/1060.

[^f00003]: 1989 c. 29.

[^f00004]: 1986 c. 44.

[^f00005]: 1989 c. 15.

[^f00006]: 1962 c. 58.

[^f00007]: 1971 c. 78.