The Non-Domestic Rating (Transitional Period) (Further Provision) Regulations 1992

Made: 9th March 1992

Laid before Parliament: 11th March 1992

Coming into force: 1st April 1992

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 section 143(1) of, and paragraph 11 of Schedule 7A to, the Local Government Finance Act 1988[^f00001], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Non-Domestic Rating (Transitional Period) (Further Provision) Regulations 1992 and shall come into force on 1st April 1992.

Waste disposal

2

• (1) This regulation applies where a hereditament which is occupied (or, if unoccupied, owned) by an existing disposal authority becomes occupied (as to the whole or any part) by a waste disposal contractor in pursuance of Part II of the Environmental Protection Act 1990[^f00002] ( “the 1990 Act”).

• (2) Where this regulation applies, in the application of Schedule 7A to the Local Government Finance Act 1988 after the change in (or, as the case may be, the beginning of) occupation, any period during which the existing disposal authority occupied all or part of the hereditament or, it being unoccupied, owned it shall, for the purposes of paragraph 2(5) to (9) of that Schedule, be treated as a period during which the waste disposal contractor occupied all or part of it or owned it (as the case may be).

• (3) In this regulation—

• “existing disposal authority” has the same meaning as in section 32 of the 1990 Act; and “waste disposal contractor” has the same meaning as in Part II of that Act[^f00003].

Signed

Michael Heseltine — Secretary of State for the Environment — 9th March 1992

David Hunt — Secretary of State for Wales — 9th March 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations make further provision with respect to Schedule 7A to the Local Government Finance Act 1988 in relation to the transition between the amounts of rates payable in respect of certain non-domestic property under the General Rate Act 1967 (c. 9) and under the Local Government Finance Act 1988.

Regulation 2 secures that occupation by a waste disposal contractor, pursuant to Part II of the Environmental Protection Act 1990, of property formerly occupied, or if not occupied, owned, by an existing waste disposal authority does not affect the operation of the transitional arrangements in respect of that property.

Footnotes

[^f00001]: 1988 c. 41. Schedule 7A is inserted by pararaph 40 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42).

[^f00002]: 1990 c. 43.

[^f00003]: See the definition in section 30(5).