The Non-Domestic Rating (Artificial Avoidance Arrangements) (Local Lists) (Wales) Regulations 2026

Type Welsh-Statutory-Instrument
Publication 2026-02-11
State In force
Jurisdiction Wales
Department King's Printer of Acts of Parliament
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Made: 11 February 2026

Coming into force in accordance with regulation 1(2) and (3)

The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by paragraphs 1 and 11(1A) of Schedule 11 to the Local Government Finance Act 1988[^f00001] and now vested in them[^f00002], and in exercise of the powers conferred on them by sections 63H(1)(a) and (3)(a), 63M(1) and (5), and 143A(3) of that Act[^f00003], and section 22(1)(a) of the Local Government Finance (Wales) Act 2024[^f00004].

In accordance with the Senedd approval procedure applied by section 143A(5)(e) and (f) of the Local Government Finance Act 1988[^f00005] a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.

Part 1 — Introduction

Title and coming into force

1

Interpretation

2

In these Regulations—

Part 2 — Artificial avoidance arrangements

Types of arrangements

3

Penalties

4

Service of notices

5

Part 3 — Consequential amendments to secondary legislation

Amendments to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989

6

  • “the amount payable”— for a chargeable financial year or part of a chargeable financial year in relation to a ratepayer, a billing authority and a hereditament in England means— the amount the ratepayer is liable to pay to the authority as regards the hereditament in respect of the year or part under— section 43 or 45[^f00018] of the Act, whether calculated by reference to any provision of or made under Schedule 4ZA, 4ZB or 7A[^f00019] to the Act or by reference to an amount or rules determined or prescribed under section 47(1)(a), 57A(3)(a) or 58(3)(a)[^f00020] of the Act, and section 11 of the BRS Act, whether calculated by reference to section 13 of the BRS Act[^f00021] (chargeable amount) or determined in accordance with rules set by the levying authority under section 15 of the BRS Act (BRS relief), or where an amount falls to be credited by the billing authority against the ratepayer’s liability in respect of the year or part, the amount (if any) by which the amount referred to in paragraph (i) above exceeds the amount falling to be so credited; for a chargeable financial year or part of a chargeable financial year in relation to a ratepayer, a billing authority and a hereditament in Wales means— the amount the ratepayer is liable to pay to the authority as regards the hereditament in respect of the year or part under section 43 or 45 of the Act, whether calculated— by reference to any provision of or made under Schedule 4ZA, 4ZB or 7A to the Act; by reference to an amount determined or prescribed under section 47(1)(a) or 58(3)[^f00022] of the Act; as a result of applying sections 63F to 63L of the Act (so far as relevant) and regulations under section 63H(1)(a) of the Act, or where an amount falls to be credited by the billing authority against the ratepayer’s liability in respect of the year or part, the amount (if any) by which the amount referred to in paragraph (i) above exceeds the amount falling to be so credited;

(c) if a billing authority in Wales has given notice under section 63K(1) of the Act to a person who is to be treated as liable as regards the hereditament concerned under section 43 or 45 of the Act, the first day after— (i) the time limit for requesting a review under section 63K(4) has expired, or (ii) if a notice under section 63K(1) of the Act has been confirmed following a review, the time limit for appealing the notice under section 63L has expired.

Amendments to the Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2023

7

  1. section 63L of the Act (appeals to a valuation tribunal);
  • section 63K notice” (“hysbysiad adran 63K”) means a notice under section 63K(1) of the Act which is confirmed in accordance with section 63K(5) of the Act;

(ba) where an appeal is made under section 63L of the Act, the relevant authority;

(1B) A person who wishes to appeal against a section 63K notice must serve a notice of appeal to the VTW so that it is received within the period of 30 days beginning with the day on which the relevant authority notifies the person of its conclusions in accordance with section 63K(6) of the Act.

(ba) section 63L of the Act,

(3) Paragraphs (3A) and (3B) apply where the following appeals relate to the same property— (a) an appeal under regulation 24 and an appeal under regulation 10A of the Council Tax (Alteration of Lists and Appeals) Regulations 1993[^f00023], or (b) an appeal under section 63L of the Act and an appeal under regulation 24 and/or an appeal under regulation 10A of the Council Tax (Alteration of Lists and Appeals) Regulations 1993. (3A) The President of the Valuation Tribunal must ensure the appeals in paragraph (3)(a) or (b) are dealt with in the order which appears to the President to best secure the interests of justice. (3B) The following must be joined as a party to the appeals— (a) the listing officer where an appeal is made under regulation 24 of these Regulations, and (b) the VO where an appeal is made under regulation 10A of the Council Tax (Alteration of Lists and Appeals) Regulations 1993.

(aa) an appeal under section 63L of the Act;

Schedule — Types of artificial avoidance arrangements

Type 1 – The occupation is not on a commercial basis

1

An arrangement is an artificial arrangement for the purposes of section 63H(1)(a) of the Act where it makes a person (“P”) the occupier of the hereditament and the hereditament is not occupied on a commercial basis because one or more of the following applies—

Type 2 – The ratepayer has been wound up voluntarily

2

Type 3 – The owner or occupier exhibits particular characteristics or behaviours

3

Type 4 – The occupation exhibits certain characteristics

4

Signed

Mark Drakeford — Cabinet Secretary for Finance and Welsh Language, one of the Welsh Ministers — 11 February 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Sections 63F to 63M of the Local Government Finance Act 1988 (“the Act”), which were inserted by section 13 of the Local Government Finance (Wales) Act 2024, make provision about counteracting advantages arising from artificial arrangements for the avoidance of non-domestic rates liability in relation to hereditaments in Wales.

These Regulations describe the types of avoidance arrangements, in relation to hereditaments on the local non-domestic rating lists, which are artificial for the purposes of sections 63F to 63I and 63K to 63M of the Act (unless a billing authority determines otherwise). They also make provision in relation to penalties and consequential amendments to secondary legislation.

The types of arrangements which are artificial are described in regulation 3 of, and the Schedule to, these Regulations. These are: arrangements where a hereditament is not occupied on a commercial basis, where the ratepayer has been wound up voluntarily, where the owner or occupier exhibits particular characteristics and behaviours, or where the occupation of the hereditament has certain characteristics. However, regulation 3(2) enables a billing authority to determine that an arrangement of a type specified in the Schedule is not artificial after having regard to all the circumstances. Such circumstances may include (but are not limited to) those listed in regulation 3(3).

Regulation 4 makes provision in relation to the penalty imposed where a person has failed to pay an amount due to a billing authority in consequence of having made an artificial arrangement and the information which must be contained in notices imposing such penalties (“penalty notices”).

Regulation 5 makes provision as to how a billing authority may effect service of notices given under section 63K(1) of the Act (“section 63K notices”) and penalty notices.

Regulation 6 amends the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (“the 1989 Regulations”), which govern the billing, collection and recovery of unpaid non-domestic rates. These amendments ensure that the 1989 Regulations will apply to an amount payable by a ratepayer as a result of the billing authority applying sections 63F to 63I and 63K to 63L of the Act and these Regulations. The amendments also provide that where a section 63K notice has been served on that ratepayer, a demand notice in respect of the amount payable will not be served until after the deadlines for reviewing and appealing the section 63K notice have expired.

Regulation 7 amends the Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2023 to ensure that relevant provisions of those Regulations apply in relation to appeals brought against section 63K notices.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Non-Domestic Rates Policy and Reform Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Footnotes

[^f00001]: 1988 c. 41. Paragraph 1 was amended by paragraph 4 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007 (c. 28). Paragraph 11(1A) was inserted and amended by paragraphs 13(3)(b) and 18(2)(b) of the Schedule to the Local Government Finance (Wales) Act 2024 (asc 6), respectively.

[^f00002]: The functions of the Secretary of State were transferred, in so far as exercisable in relation to Wales, to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). These functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

[^f00003]: Sections 63F to 63M were inserted by section 13 of the Local Government Finance (Wales) Act 2024 (“the 2024 Act”). Section 143A was inserted by section 14 of the 2024 Act.

[^f00004]: 2024 asc 6.

[^f00005]: Section 143A was inserted by section 14 of the Local Government Finance (Wales) Act 2024. See also section 37G of the Legislation (Wales) Act 2019 (anaw 4) for provision about the procedure that applies to this instrument.

[^f00006]: W.S.I. 2026/15.

[^f00007]: 2006 c. 46.

[^f00008]: Section 64 was amended by paragraph 2 of Schedule 10 to the Local Government Finance Act 1992 (c. 14), Schedule 4 to the Local Government and Rating Act 1997 (c. 29), section 66 of the Local Government Act 2003 (c. 26) and paragraph 1(13) of the Schedule to the Local Government Finance (Wales) Act 2024. There are other amendments not relevant to this instrument.

[^f00009]: Part 21A was inserted by paragraph 1 of Schedule 3 to the Small Business, Enterprise and Employment Act 2015 (c. 26) and subsequently amended by S.I. 2016/136, 2017/6932019/348 and 2020/645. There are other amendments to Part 21A either not relevant or not yet in force.

[^f00010]: Section 41ZA was inserted by section 2(3) of the Local Government Finance (Wales) Act 2024.

[^f00011]: Section 65 was amended by paragraph 34 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42) and section 2(3)(a) of the Local Government and Rating Act 1997 (c. 29).

[^f00012]: S.I. 1989/1058, amended by S.I. 1991/141, 1993/616, 2023/1154 (W. 199) and 2024/37 (W. 12); there are other amending instruments but none is relevant to these Regulations.

[^f00013]: See section 63L(2) of the Local Government Finance (Wales) Act 2024 and regulation 32(1B) of S.I. 2023/350 (W. 51) (inserted by these Regulations), as to the time limit for making such appeals.

[^f00014]: See regulation 56(4) and (5) of S.I. 2023/350 (W. 51) as to the time limit for making such appeals.

[^f00015]: S.I. 2023/350 (W. 51); relevant amending instruments are S.I. 2025/1323 (W. 217) and W.S.I. 2026/15.

[^f00016]: 2000 c. 7. Section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00017]: 1972 c. 70. There are amendments not relevant to this instrument.

[^f00018]: Section 43 was amended by paragraph 60 of Schedule 13 to the Local Government Finance Act 1992 (c. 14) and section 1(1) of the Non-Domestic Rating Act 2023 (c. 53). Section 45 was amended by paragraph 23 of Schedule 5 to the Local Government and Housing Act 1989, paragraph 1 of Schedule 2 to the Rating (Empty Properties) Act 2007 (c. 9), section 2 of the Non-Domestic Rating Act 2023, and paragraph 1(4) of the Schedule to the Local Government Finance (Wales) Act 2024.

[^f00019]: Schedules 4ZA and 4ZB were inserted into the Local Government Finance Act 1988 by sections 1(3) and 2(4) of the Non-Domestic Rating Act 2023 respectively. Schedule 7A was inserted by paragraph 40 of Schedule 5 to the Local Government and Housing Act 1989.

[^f00020]: Section 47(1)(a) was amended by paragraph 65(1) of Schedule 13 to the Local Government Finance Act 1992 and section 69(2) of the Localism Act 2011 (c. 20). Section 57A was inserted by section 65(1) of the Local Government Act 2003. There are other amendments not relevant to these Regulations. Sections 57A(3)(a) and (b) and 58(3)(a) and (b) were substituted by paragraphs 4(b) and 5(b) of the Schedule to the Non-Domestic Rating Act 2023 respectively, but the definition of “the amount payable” in the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 as it applies in relation to England has not been amended accordingly.

[^f00021]: “BRS” is defined in S.I. 1989/1058 as the Business Rate Supplements Act 2009 (c. 7). Section 11 was amended by paragraph 13(2) of the Schedule to the Non-Domestic Rating Act 2023 (“the 2023 Act”). Section 13 was amended by section 2(2)(a) of the Non-Domestic Rates (Public Lavatories) Act 2021 (c. 13) and paragraph 13(4) of the Schedule to the 2023 Act.

[^f00022]: Section 58(3) was substituted by paragraph 5(b) of the Schedule to the Non-Domestic Rating Act 2023.

[^f00023]: S.I. 1993/290, amended by S.I. 2025/1323 (W. 217). There are other amendments not relevant to this instrument.

[^f00024]: 1986 c. 45. Chapters 2 to 5 of Part 4 were amended by paragraphs 16 to 30 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015, paragraph 6 of Schedule 5 to the Commonhold and Leasehold Reform Act 2002 (c. 15) and section 77(1) of the Economic Crime and Corporate Transparency Act 2023 (c. 56), paragraph 9 of Schedule 3 to the Corporate Insolvency and Governance Act 2020 (c. 12) and S.I. 2 2001/1090, 2003/2096, 2007/2194, 2009/1941, 2010/18 and 2019/146. Part 4 was also modified by section 21 of the Company Directors Disqualification Act 1986 (c. 46). There are other amendments and modifications which are not relevant to this instrument.

[^f00025]: Paragraph 5(1B) was inserted by section 151(2)(b) of the Local Government and Elections (Wales) Act 2021 (asc 1).

[^f00026]: Paragraph 5A was inserted by section 72(4) of the Local Government Act 2003. Paragraph 5A(1) was amended by section 151(3)(a) of the Local Government and Elections (Wales) Act 2021. Further amendments to paragraph 5A(1) will be made by virtue of paragraph 13(2)(e)(i) of the Schedule to the Local Government Finance (Wales) Act 2024 on a date to be appointed.

[^f00027]: Section 213(2) was modified by sections 21(5) and 25 of the Company Directors Disqualification Act 1986. Sections 246ZA and 246ZB were inserted by section 117(2) of the Small Business, Enterprise and Employment Act 2015.

[^f00028]: S.I. 1989/2405 (N.I. 19), amended by S.I. 2009/1941. There are other amendments not relevant to this instrument.

[^f00029]: 1986 c. 46. Section 1 was amended by section 5(1) and (2) of, and paragraph 2 of Schedule 4 to, the Insolvency Act 2000 (c. 39) and paragraph 2(2) of Schedule 13 to the Finance Act 2024 (c. 3). Section 1A was inserted by section 6(2) of the Insolvency Act 2000 and amended by paragraph 2(3) of Schedule 13 to the Finance Act 2024.

[^f00030]: S.I. 2002/3150 (N.I. 4). Articles 3 and 4 were amended by paragraph 9(3) and (4) of Schedule 8 to the Small Business, Enterprise and Employment Act 2015. Article 3 was also amended by S.I. 2005/1454 (N.I. 9).

[^f00031]: 2011 c. 25. Section 178 was amended by sections 4(5) and 9(3) to (6) of the Charities (Protection and Social Investment) Act 2016 (c. 4) and paragraph 9 of Schedule 3 to the Sanctions and Anti-Money Laundering Act 2018 (c. 13), and S.I. 2012/2404, 2016/481, 2019/466, 2019/573 and 2019/577. Section 181A was inserted by section 10(2) of the Charities (Protection and Social Investment) Act 2016 and amended by S.I. 2016/997.

[^f00032]: 2005 asp 10. Section 69 was amended by paragraph 211 of Schedule 8 to the Charities Act 2006 (c. 50), paragraph 107 of Schedule 7 to the Charities Act 2011 and sections 4(2) and 5(2) and (3) of the Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5).

[^f00033]: 2008 c. 12. Section 86 was amended by paragraph 138 of Schedule 7 to the Charities Act 2011 and section 3(3) of the Charities Act (Northern Ireland) 2013 (c. 3).

[^f00034]: Section 216 was modified by sections 21(5) and 25 of the Company Directors Disqualification Act 1986. There are other amendments and modifications which are not relevant to this instrument.

[^f00035]: S.I. 1989/2405 (N.I. 19), amended by S.I. 2009/1941.

[^f00036]: Schedule 4A was inserted by section 257 of, and Schedule 20 to, the Enterprise Act 2002 (c. 40) and amended by paragraph 63 of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and section 135(2)(b) of the Small Business, Enterprise and Employment Act 2015.

[^f00037]: 2016 asp 21.

[^f00038]: S.I. 1989/2405 (N.I. 10); relevant amending instrument is S.I. 2015/1455 (N.I. 19).

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