The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2006

Made: 12 December 2006

Coming into force: 31 December 2006

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on the Secretary of State by sections 60, 140(4) and 143(1) and (2) of, and paragraphs 4 and 6 of Schedule 8 to, the Local Government Finance Act 1988[^f00001] and now vested in the National Assembly for Wales:

Title, application and commencement

1

• (1) The title of these Regulations is the Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2006 and they come into force on 31 December 2006.

• (2) These Regulations apply in relation to Wales.

Amendment to the Non-Domestic Rating Contributions (Wales) Regulations 1992

2

• (1) The Non-Domestic Rating Contributions (Wales) Regulations 1992[^f00002] are amended as follows in relation to financial years beginning on or after 1 April 2007.

• (2) In paragraph 3(1)(b) of schedule 1, for the words “other than” to the end of that paragraph, substitute “in relation to which section 47(2)(b), (ba) or (c ) applies were taken into account”.

• (3) In paragraph 2(12) of schedule 2, for “1.004” there is substituted “1.001”.

• (4) For schedule 4 there is substituted the schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00003].

D. Elis-Thomas — The Presiding Officer of the National Assembly — 12 December 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, amend the Non-Domestic Rating Contributions (Wales) Regulations 1992 (“the 1992 Regulations”).

Under Part II of Schedule 8 to the Local Government Finance Act 1988 (“the 1988 Act”) billing authorities (in Wales, county and county borough councils) are required to pay amounts (called non-domestic rating contributions) to the National Assembly for Wales. The 1992 Regulations contain rules for the calculation of those contributions for Welsh billing authorities.

These Regulations amend the 1992 Regulations by—

• changing the wording of paragraph 3(1) of Schedule 1 (Rules for the Calculation of Non-Domestic Rating Contributions) such that the 90% deduction referred to in that paragraph only relates to discretionary rate relief granted by billing authorities in respect of hereditaments to which section 47(2)(b), (ba) or (c) apply. Consequently there will be no deduction in respect of discretionary rate relief granted by the billing authority to ratepayers who occupy hereditaments to which section 43(4B) of the 1988 Act applies (hereditaments which receive mandatory small business rate relief);

• substituting a new multiplier in paragraph 2(12) of Schedule 2 (Assumptions as to gross amount); and

• substituting a new Schedule 4 (Adult Population Figures).

Footnotes

[^f00001]: 1988 c. 41. These powers were devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), see the reference to the Local Government Finance Act 1988 in Schedule 1.

[^f00002]: S.I. 1992/3238, amended by S.I. 1993/1505, 1993/3077, 1994/547, 1994/1742, 1994/3125, 1995/3235, 1996/619, 1996/3018, 1997/3003, 1998/2962, 1999/3439 (W.47), 2000/3382 (W.220), 2001/3910 (W.322), 2002/3054 (W.289), 2003/3211 (W.304), 2004/3232 (W.280) and 2005/3345 (W.259).

[^f00003]: 1998 c. 38.