The Electricity Supply Industry (Rateable Values) (Amendment) Order 1995

Made: 30th March 1995

Coming into force: 1st April 1995

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 140(4) and 143(1) and (2) of, and paragraph 3(2) of Schedule 6 to, the Local Government Finance Act 1988[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has been laid before, and approved by resolution of, each House of Parliament:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Electricity Supply Industry (Rateable Values) (Amendment) Order 1995 and shall come into force on 1st April 1995.

• (2) In this Order, the “1994 Order” means the Electricity Supply Industry (Rateable Values) Order 1994[^f00002].

Interpretation of the 1994 Order

2

There shall be substituted for the definition of “standard formula” in article 7 of the 1994 Order the following—

• “T” and “U” in relation to a class of English hereditaments or a class of Welsh hereditaments mean, respectively, the amount specified in the Schedule in relation to that class and the recalculation factor applicable to that class in respect of the relevant year.

Rateable values

3

• (1) There shall be substituted for article 8 of the 1994 Order the following—

(8) (1) Paragraphs 2 to 2B of Schedule 6 to the Act shall not apply in respect of any class of English hereditaments or any class of Welsh hereditaments in any year beginning on or after 1st April 1995. (2) In the case of each class of English hereditaments and each class of Welsh hereditaments, other than those listed in paragraph A of Part I and paragraph A of Part II of the Schedule, its rateable value shall be— (a) in the year beginning on 1st April 1995, the amount specified in relation to it in the Schedule; and (b) in any year beginning on or after 1st April 1996, the amount produced in accordance with the formula T + U.

• (2) After article 8 of the 1994 Order there shall be inserted the following—

(8A) (1) In this article— - V is the amount produced in accordance wth the formula £12,810 (C – E); - C is the total declared net capacity as at 31st March 1995 of generating plant in or on the hereditaments occupied by National Power PLC or PowerGen plc, as the case may be, in England or in Wales, as the case may be; and - E is the total declared net capacity as at 31st March 1995 of generating plant in or on the hereditaments occupied by National Power PLC or PowerGen plc, as the case may be, in England or in Wales, as the case may be, estimated as at 12th December 1994. (2) In the case of each class of English hereditaments and each class of Welsh hereditaments occupied by National Power PLC or PowerGen plc, its rateable value— (a) in the year beginning on 1st April 1995, (i) if V is 0, shall be T; or (ii) if V is greater or less than 0, shall be calculated in accordance with the formula T + V; and (b) in any year beginning on or after 1st April 1996, shall be calculated in accordance with the formula T + V + U. (8B) (1) In this article— - W is the amount produced in accordance with the formula £18,000 (F – G); - F is the total declared net capacity as at 31st March 1995 of generating plant in or on the hereditaments occupied by Nuclear Electric plc in England or in Wales, as the case may be; and - G is the total declared net capacity as at 31st March 1995 of generating plant in or on the hereditaments occupied by Nuclear Electric plc in England or in Wales, as the case may be, estimated as at 12th December 1994. (2) In the case of each class of English hereditaments and each class of Welsh hereditaments occupied by Nuclear Electric plc, its rateable value— (a) in the year beginning on 1st April 1995, (i) if W is 0, shall be T; or (ii) if W is greater or less than 0, shall be calculated in accordance with the formula T + W; and (b) in any year beginning on or after 1st April 1996, shall be calculated in accordance with the formula T + W + U.

Signed

Signed by authority of the Secretary of State for the Environment

David Curry — Minister of State, — Department of the Environment — 30th March 1995

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under Secretary of State, Welsh Office — 30th March 1995

Explanatory note

(This note is not part of the Order)

Under paragraph 3(2) of Schedule 6 to the Local Government Finance Act 1988, the Secretary of State may by order provide that, in the case of non-domestic hereditaments to be shown in the central rating lists for England and Wales (“central list hereditaments”), the basis of valuation contained in paragraphs 2 to 2B shall not apply, and that instead their rateable value shall be such as is specified, or determined in accordance with rules set out, in the order.

The Electricity Supply Industry (Rateable Values) Order 1994 prescribes rateable values for electricity generation, transmission and supply hereditaments. The rateable values of the electricity generation hereditaments specified in the Schedule to the 1994 Order are based on estimates of declared net capacity.

This Order amends the 1994 Order to allow for differences between the estimates of the declared net capacities of National Power PLC, PowerGen plc and Nuclear Electric plc and their actual declared net capacities as at 31st March 1995.

Footnotes

[^f00001]: 1988 c. 41. Section 143(2) and paragraph 3(2) of Schedule 6 are amended by Schedule 5 to the Local Government and Housing Act 1989 (c. 42).

[^f00002]: S.I. 1994/3282.