The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) (No.2) Regulations 2011

Made: 7th July 2011

Laid before Parliament: 12th July 2011

Coming into force: 3rd August 2011

The Secretary of State, in exercise of the powers conferred by sections 143(1) and (2) of, paragraphs 6(5) and (6) of Schedule 8 to, and paragraphs 1 to 4 of Schedule 9 to the Local Government Finance Act 1988 [^f00001], makes the following Regulations:

Application, citation and commencement

1

These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) (No.2) Regulations 2011 and shall come into force on 3rd August 2011.

Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989

2

• (1) The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 [^f00002] are amended as follows.

• (2) In regulation 7(1), after “paragraph (1B)”, insert “or paragraph 1C”.

• (3) After regulation 7(1B), insert—

(1C) Unless an agreement under paragraph (3) in relation to the relevant year has been reached between the ratepayer and the billing authority before the demand notice is issued, where— (a) the chargeable financial year begins on 1st April 2012; (b) it appears to the billing authority that the estimate of the amount payable for that year would fall to be calculated by reference to section 43(4A) of the Act or by reference to the rules prescribed in regulation 10(6) of the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2009; and (c) the rateable value of the hereditament concerned is not more than £12,000, a notice to which regulation 6(1) applies shall require the estimate of the amount payable to be paid in instalments in accordance with Schedule 1G.

• (4) In regulation 7(3), after “1F”, insert “or 1G”.

• (5) In regulation 7(4), after “1F”, insert “or 1G”.

• (6) In regulation 8(1)—

• (a) In sub-paragraph (b), after “1F”, insert “or 1G”; and

• (b) In sub-paragraph (c), after “1F”, insert “or 1G”.

• (7) In Schedule 1E—

• (a) in sub-paragraph 5(3), in paragraph 7 of Schedule 1 (as substituted)—

• (i) in sub-paragraph (1), before “this paragraph”, insert “Subject to sub-paragraph (1A)”; and

• (ii) after sub-paragraph (1), insert—

(1A) This paragraph does not apply in a case to which paragraph 7D, as modified by Schedule 1E, applies.

• (b) for sub-paragraph (7), substitute—

(7) (a) paragraphs 7A, 7B and 7C shall not apply; (b) paragraph 7D shall have effect as if the references to “2010” were references to “2011”; and (c) paragraph 7E shall not apply.

• (c) renumber sub-paragraph (7) as sub-paragraph (4);

• (d) renumber sub-paragraph (8) as sub-paragraph (5); and

• (e) renumber sub-paragraph (9) as sub-paragraph (6).

• (8) After Schedule 1F, insert Schedule 1G as set out in the Schedule to these Regulations.

Amendment of the Non-Domestic Rating Contributions (England) Regulations 1992

3

For the financial year beginning on 1st April 2011, regulation 6 (recalculation of provisional amounts) of the Non-Domestic Rating Contributions (England) Regulations 1992[^f00003] shall have effect as if there were omitted paragraphs (2)(b) and (4).

SCHEDULE

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Bob Neill — Parliamentary Under Secretary of State — Department for Communities and Local Government — 7th July 2011

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for the amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 and for minor associated amendments to the Non-Domestic Rating Contributions (England) Regulations 1992, following changes to the level of Small Business Rate Relief between 1st October 2011 and 31st September 2012, for certain ratepayers who meet relevant conditions.

Regulation 2 and the Schedule amend the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 to allow for appropriate arrangements for the financial year of 2012 to 2013, so that the increased level of relief is apportioned to the correct part of the financial year.

Regulation 3 modifies the application of the Non-Domestic Rating Contributions (England) Regulations 1992, to allow authorities to amend their payments under these Regulations in the financial year 2011 to 2012.

Footnotes

[^f00001]: 1988 c.41. Paragraph 6 of Schedule 8 has been amended by section 139 of and Schedule 5 to the Local Government and Housing Act 1989 (c.42), section 104 of and Schedule 10 to the Local Government Finance Act 1992 (c.14) and sections 71 and 117 of the Local Government Act 2003 (c.26). Paragraphs 1 to 4 of Schedule 9 have been amended by sections 139 and 194 of and Schedule 5 to the Local Government and Housing Act 1989 (c.42) and section 117 of and Schedule 13 to the Local Government Finance Act 1992 (c.14).

[^f00002]: S.I. 1989/1058. Regulation 7 has been amended by S.I 1993/616 and S.I. 2010/1656. Other amendments have also been made to S.I. 1998/1058 which are nor relevant to these Regulations.

[^f00003]: S.I. 1992/3082. Regulation 6 has been amended by S.I. 1993/1496 and S.I. 1996/561. Other amendments have been made to S.I. 1992/3082 which are not relevant to these Regulations.