The Business Improvement Districts (England) (Amendment) Regulations 2013

Made: 6th September 2013

Laid before Parliament: 12th September 2013

Coming into force: 7th October 2013

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 42, 47(4), 48, and 49 of the Local Government Act 2003[^f00001], makes the following Regulations:

Application, citation and commencement

1

These Regulations, which apply in England only, may be cited as the Business Improvement Districts (England) (Amendment) Regulations 2013 and come into force on 7th October 2013.

Amendment to the Business Improvement Districts (England) Regulations 2004

2

The Business Improvement Districts (England) Regulations 2004[^f00002] are amended as follows.

Joint Arrangements

3

• (1) In regulation 1 (interpretation, etc) after the definition of “hereditament” insert—

• “joint BID arrangements” has the meaning given in regulation 1A;

• (2) After regulation 1 insert—

(1A) (1) Two or more billing authorities may make BID arrangements (“joint BID arrangements”) under Part 4 of the Act with respect to a BID comprising all or part of the area of each of the authorities. (2) In their application to joint BID arrangements, Part 4 of the Act and these Regulations have effect subject to the modifications in Schedule 5.

• (3) After Schedule 4 insert Schedule 5 as set out in the Schedule to these Regulations.

Electronic communications

4

In regulation 1 for paragraph (a) of the definition of “electronic communication” substitute—

(a) by means of an electronic communications service (within the meaning of the Communications Act 2003)[^f00003]; or

Billing authority BID proposals

5

• (1) In regulation 1 in the definition of “BID proposer” at the end insert “other than a relevant billing authority;”.

• (2) In regulation 3 (BID proposer) after paragraph (3) insert—

(4) Where a relevant billing authority draws up BID proposals, it shall, at least 84 days before instructing the ballot holder to hold a BID ballot, notify the Secretary of State of its intention to do so.

• (3) In regulation 4 (BID proposals, etc and preliminary procedures)—

• (a) after paragraph (2) insert—

(2A) Where a relevant billing authority draws up BID proposals, it shall prepare a document setting out the proposed business plan (including the estimated cashflow, an estimate of the predicted revenue to be generated and the predicted expenditure to be spent under the BID arrangements and the contingency margin included in the budget).

• (b) in paragraph (3)(a) after “a BID proposer” insert “or a relevant billing authority”.

• (4) In regulation 5(1) (instructions to hold a BID ballot, etc)—

• (a) at the end of sub-paragraph (b) omit “or”; and

• (b) at the end of sub-paragraph (c) insert—

; or (d) decides to seek approval of BID proposals which it has drawn up;

• (5) In paragraph 1(3) of Schedule 1 (content of BID proposals, etc) for “BID proposer” substitute “BID proposals” and omit “it proposes”.

• (6) In paragraph 3(c)(ii) of Schedule 2 (rules for BID ballots, etc) after “BID proposer” insert “or, where the relevant billing authority has drawn up the BID proposals, from that authority;”.

• (7) In paragraph 3(c)(iii) of Schedule 2 after “BID proposer” insert “or, where the relevant billing authority has drawn up the BID proposals, the name and address of that authority;”.

BID Revenue Account

6

In paragraph 1 of Schedule 3 (the keeping of the BID revenue account)—

• (a) in item 1 for “paid” substitute “receivable”;

• (b) in item 2 for “received” substitute “receivable”; and

• (c) in item 3 sub-paragraph (a) for “item 2” substitute “item 3”.

Enforcement

7

In Schedule 4 (imposition, administration, collection, recovery and application of the BID levy)—

• (a) in paragraph 9(1) for “Schedules 2 to 4” substitute “Schedules 3 and 4”;

• (b) in paragraph 13(1) for “Schedules 2 to 4” substitute “Schedules 3 and 4”; and

• (c) for paragraph 14(5) substitute—

(5) Where a liability order is made against partners in their firm name, regulation 18(2) of the 1989 Regulations shall have effect as if the reference to a company included a reference to the partnership and the reference to section 221(5)(b) of the Insolvency Act 1986[^f00004] were— (a) in a case where article 7 of the Insolvent Partnerships Order 1994[^f00005] applies, a reference to section 221(7)(b) of that Act as modified by article 7(2) of and Part 1 of Schedule 3 to that Order; or (b) in a case where article 8 of that Order applies, a reference to section 221(8)(a) of that Act as modified by article 8(2) of and Part 1 of Schedule 4 to that Order.

SCHEDULE

Signed

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

Brandon Lewis — Parliamentary Under Secretary of State — Department for Communities and Local Government — 6th September 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Business Improvement Districts (England) Regulations 2004 (“the 2004 Regulations”) to enable two or more billing authorities to make Business Improvement District arrangements in respect of a business improvement district which spans authority boundaries. The key provisions relating to business improvement districts are contained in Part 4 of the Local Government Act 2003.

Regulation 3 establishes that two or more billing authorities may make joint Business Improvement District arrangements covering areas comprising all or part of the area of each of the authorities concerned. The new Schedule 5, which will be inserted into the 2004 Regulations by the Schedule, sets out how the provisions of Part 4 of the Local Government Act 2003 and the remaining provisions of the 2004 Regulations are modified in their effect when joint Business Improvement District arrangements are concerned.

Regulation 5 amends the 2004 Regulations to clarify the procedures to be followed where a billing authority draws up the Business Improvement District proposals.

Regulations 4, 6 and 7 update or correct certain provisions in the 2004 Regulations.

No impact assessment has been prepared for this instrument as no new impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 2003 c.26.

[^f00002]: S.I. 2004/2443.

[^f00003]: Section 32 was amended by S.I. 2001/1210.

[^f00004]: 1986 c.45.

[^f00005]: S.I. 1994/2421.