|
| |
| |
(6) For the purposes of subsections (4) and (5) the rateable value of a hereditament | |
is that shown on the day of the ballot under section 42(4) of the Local | |
Government Finance Act 1988 (c. 41). | |
53 Power of veto | |
(1) This section applies where BID proposals are approved by a ballot held for the | 5 |
purposes of section 51(1). | |
(2) The billing authority to which the proposals relate may, in prescribed | |
circumstances, veto the proposals within such period from the date of the | |
ballot as may be prescribed. | |
(3) In deciding whether to exercise the veto, a billing authority is to have regard to | 10 |
such matters as may be prescribed. | |
(4) If a billing authority vetoes BID proposals, it must give notice of the exercise of | |
the veto to the persons entitled to vote in the ballot. | |
(5) The notice— | |
(a) must set out the reasons for the exercise of the veto, and | 15 |
(b) must give details of the right of appeal under section 54. | |
(6) A copy of the notice must be sent to the Secretary of State. | |
54 Appeal against veto | |
(1) Where a billing authority vetoes BID proposals, any person who was entitled | |
to vote in the ballot may appeal to the Secretary of State. | 20 |
(2) The Secretary of State may by regulations make provision in relation to appeals | |
under this section, including provision— | |
(a) as to the time by which an appeal is to be made, | |
(b) as to the manner in which an appeal is to be made, | |
(c) as to the procedure to be followed in connection with an appeal, and | 25 |
(d) as to the matters to be taken into account in deciding whether to allow | |
an appeal. | |
55 Commencement of BID arrangements | |
(1) This section applies where BID proposals are approved by a ballot held for the | |
purposes of section 51(1). | 30 |
(2) The billing authority concerned must ensure that BID arrangements which | |
give effect to the proposals are made by the time the arrangements are to come | |
into force in accordance with this section. | |
(3) Subject to subsection (4), the BID arrangements are to come into force on such | |
day as may be provided under the BID proposals. | 35 |
(4) If the BID proposals are vetoed under section 53, BID arrangements which give | |
effect to the proposals are not to come into force unless the Secretary of State | |
allows an appeal against the veto under section 54. | |
(5) Where the Secretary of State allows such an appeal, BID arrangements which | |
give effect to the proposals are to come into force on such day as the Secretary | 40 |
of State may determine. | |
| |
| |
|
| |
| |
(6) The day determined under subsection (5) must not be earlier than the day | |
mentioned in subsection (3). | |
(7) Before making a determination under subsection (5), the Secretary of State | |
must consult— | |
(a) the billing authority concerned, and | 5 |
(b) such persons as appears to him to be representative of the non- | |
domestic ratepayers who are to be liable for the proposed BID levy. | |
Miscellaneous | |
56 Duration of BID arrangements etc | |
(1) BID arrangements are to have effect for such period (not exceeding 5 years) as | 10 |
may be specified in the arrangements. | |
(2) BID arrangements may be renewed for one or more periods each of which | |
must not exceed 5 years, but only if the renewal of the arrangements on that or | |
each occasion is approved by a ballot of the non-domestic ratepayers in the | |
business improvement district who are liable for the BID levy. | 15 |
(3) The renewal of BID arrangements is not to be regarded as approved by a ballot | |
held for the purposes of subsection (2) unless the two conditions in section 52 | |
which apply to the approval of BID proposals are satisfied in relation to the | |
renewal of the arrangements. | |
(4) The Secretary of State may by regulations make provision— | 20 |
(a) as to the alteration of BID arrangements, and | |
(b) as to the termination of BID arrangements. | |
(5) The provision which may be made by virtue of subsection (4)(a) or (b) includes | |
provision preventing or restricting the alteration or early termination of BID | |
arrangements. | 25 |
(6) Nothing in subsection (5) is to be taken as limiting the power conferred by | |
subsection (4). | |
57 Regulations about ballots | |
(1) The Secretary of State may by regulations make provision in relation to ballots. | |
(2) The provision which may be made by regulations under this section includes | 30 |
provision— | |
(a) as to the timing of ballots; | |
(b) as to the non-domestic ratepayers entitled to vote in a ballot; | |
(c) as to the question to be asked in a ballot; | |
(d) as to the form that ballots may take; | 35 |
(e) as to the persons who are to hold ballots; | |
(f) as to the conduct of ballots; | |
(g) conferring power on the Secretary of State to declare ballots void in | |
cases of material irregularity; | |
(h) for or in connection with enabling a billing authority to recover the | 40 |
costs of a ballot from such persons and in such circumstances as may be | |
prescribed. | |
| |
| |
|
| |
| |
(3) Nothing in subsection (2) is to be taken as limiting the power conferred by | |
subsection (1). | |
(4) In this section “ballot” means a ballot held for the purposes of section 51(1) or | |
56(2). | |
58 Power to make further provision | 5 |
(1) The Secretary of State may by regulations make such supplementary, | |
incidental, consequential or transitional provision as he considers necessary or | |
expedient for the purposes of, in consequence of, or for giving full effect to, any | |
provision made by or under this Part. | |
(2) The provision which may be made under subsection (1) includes provision | 10 |
amending any enactment (whenever passed or made). | |
59 Crown application | |
This Part binds the Crown. | |
60 Wales | |
In its application to Wales— | 15 |
(a) this Part has effect as if for any reference to the Secretary of State there | |
were substituted a reference to the National Assembly for Wales, and | |
(b) section 45(2)(b) has effect as if for the reference to a county council or | |
parish council there were substituted a reference to a community | |
council. | 20 |
61 Interpretation of Part 4 | |
(1) In this Part— | |
“BID arrangements” and “BID levy” have the meaning given by section | |
43; | |
“billing authority” means— | 25 |
(a) in relation to England, a district council, unitary county council, | |
London borough council, the Common Council of the City of | |
London or the Council of the Isles of Scilly; and | |
(b) in relation to Wales, a county council or county borough | |
council; | 30 |
“business improvement district” has the meaning given by section 43; | |
“enactment” includes an enactment contained in a local or private Act or | |
comprised in subordinate legislation (within the meaning of the | |
Interpretation Act 1978 (c. 30)); | |
“non-domestic ratepayer”, in relation to any area, means a person subject | 35 |
to a non-domestic rate under section 43 or 45 of the Local Government | |
Finance Act 1988 (c. 41) (liability to non-domestic rates) because he is | |
the owner or occupier of a hereditament situated in that area; | |
“prescribed” means prescribed by regulations made by the Secretary of | |
State; | 40 |
“unitary county council” means a county council that is the council for a | |
county in which there are no district councils. | |
| |
| |
|
| |
| |
(2) Other expressions which are used in this Part and in Part 3 of the Local | |
Government Finance Act 1988 (c. 41) (non-domestic rates) have the same | |
meaning in this Part as they have in that Part. | |
Part 5 | |
Non-domestic rates | 5 |
62 Submission of proposed rating lists | |
(1) In section 41(5) of the 1988 Act (proposed local non-domestic rating list to be | |
sent to billing authority not later than 31 December preceding compilation | |
date) for “31 December” there is substituted “30 September”. | |
(2) In section 52(5) of that Act (proposed central non-domestic rating list to be sent | 10 |
to Secretary of State not later than 31 December preceding compilation date) | |
for “31 December” there is substituted “30 September”. | |
63 Small business relief | |
(1) Section 43 of the 1988 Act (occupied hereditaments: liability) is amended as | |
follows. | 15 |
(2) In subsection (4) (which, subject to subsections (5) and (6A), shows how the | |
chargeable amount for a chargeable day is to be calculated) after “subsections” | |
there is inserted “(4A),”. | |
(3) After subsection (4) there is inserted— | |
“(4A) Where subsection (4B) below applies, the chargeable amount for a | 20 |
chargeable day shall be calculated— | |
(a) in relation to England, in accordance with the formula—![equation: over[times[char[A],char[x],char[D]],times[char[C],char[x],char[E]]]](missing.gif) | |
(b) in relation to Wales, in accordance with the formula— | |
(4B) This subsection applies— | |
(a) in relation to England, where— | 25 |
(i) the rateable value of the hereditament shown in the local | |
non-domestic rating list for the first day of the | |
chargeable financial year is not more than any amount | |
prescribed by the Secretary of State by order, | |
(ii) on the day concerned any conditions prescribed by the | 30 |
Secretary of State by order are satisfied, and | |
| |
| |
|
| |
| |
(iii) the ratepayer has made an application for the purposes | |
of this subsection to the billing authority concerned by | |
such date as may be prescribed by the Secretary of State | |
by order, | |
(b) in relation to Wales, where— | 5 |
(i) the rateable value of the hereditament shown in the local | |
non-domestic rating list for the first day of the | |
chargeable financial year is not more than any amount | |
prescribed by the National Assembly for Wales by | |
order, and | 10 |
(ii) on the day concerned any conditions prescribed by the | |
National Assembly for Wales by order are satisfied. | |
(4C) An application under subsection (4B)(a)(iii) above shall be made in | |
such form, and contain such information, as may be prescribed by the | |
Secretary of State by order. | 15 |
(4D) If the ratepayer— | |
(a) makes a statement in an application under sub-paragraph | |
(4B)(a)(iii) above which he knows to be false in a material | |
particular, or | |
(b) recklessly makes a statement in such an application which is | 20 |
false in a material particular, | |
he shall be liable on summary conviction to imprisonment for a term | |
not exceeding 3 months or to a fine not exceeding level 3 on the | |
standard scale or to both.” | |
(4) For subsection (8A) there is substituted— | 25 |
“(8A) In relation to any hereditament in respect of which both subsections | |
(4A) and (6A) above (but not subsection (5) above) have effect on the | |
day concerned, the chargeable amount— | |
(a) in relation to England, shall be calculated in accordance with | |
subsection (6A) above, | 30 |
(b) in relation to Wales, shall be calculated in accordance with | |
whichever of subsections (4A) and (6A) above produces the | |
smaller amount. | |
(8B) In relation to any hereditament in respect of which— | |
(a) subsections (4A), (5) and (6A) above each have effect on the day | 35 |
concerned, | |
(b) subsections (4A) and (5) above both have effect on that day, or | |
(c) subsections (5) and (6A) above both have effect on that day, | |
the chargeable amount shall be calculated in accordance with | |
subsection (5) above.” | 40 |
(5) In section 44 of the 1988 Act (occupied hereditaments: supplementary) after | |
subsection (6) there is inserted— | |
“(7) Subject to subsection (8) below, D is the small business non-domestic | |
rating multiplier for the financial year. | |
(8) Where the billing authority is a special authority, D is the authority’s | 45 |
small business non-domestic rating multiplier for the financial year. | |
(9) E is such amount as may be prescribed— | |
| |
| |
|
| |
| |
(a) in relation to England, by the Secretary of State by order, | |
(b) in relation to Wales, by the National Assembly for Wales by | |
order.” | |
(6) In section 47 of the 1988 Act (discretionary relief), in subsection (1) after | |
“subsection (3) below,”, in the second place where it occurs, there is inserted | 5 |
“or the small business condition and the second condition mentioned in | |
subsection (3) below,”. | |
(7) After subsection (3C) of that section there is inserted— | |
“(3D) The small business condition is— | |
(a) that the hereditament is situated in Wales, and | 10 |
(b) that on the chargeable day section 43(4B) above applies to the | |
hereditament.” | |
64 Calculation of non-domestic rating multiplier | |
(1) Schedule 7 to the 1988 Act (non-domestic rating multipliers) is amended as | |
follows. | 15 |
(2) In paragraph 1 (Part 1 of Schedule 7 has effect to determine non-domestic | |
rating multiplier) after “multiplier” there is inserted “and, in relation to | |
England, the small business non-domestic rating multiplier”. | |
(3) For paragraph 3 (calculation of non-domestic rating multiplier for years in | |
which no list compiled) there is substituted— | 20 |
“3 (1) In relation to England, the small business non-domestic rating | |
multiplier for a chargeable financial year shall be calculated in | |
accordance with this paragraph if the year is not one at the beginning | |
of which new lists must be compiled. | |
(2) An amount shall be found in accordance with the formula— | 25 |
(3) Subject to sub-paragraph (5) below, that amount may be adjusted by | |
the Secretary of State to reflect the extent to which his last estimate of | |
the total mentioned in paragraph 5(6) or (7) below appears to him to | |
differ from the actual total. | |
(4) The amount under sub-paragraph (2) above or, if an adjustment is | 30 |
made under sub-paragraph (3) above, the adjusted amount shall be | |
the small business non-domestic rating multiplier for the year. | |
(5) No adjustment may be made under sub-paragraph (3) above for a | |
chargeable financial year beginning before 2006. | |
3A (1) In relation to England, the non-domestic rating multiplier for a | 35 |
chargeable financial year shall be calculated in accordance with this | |
paragraph if the year is not one at the beginning of which new lists | |
must be compiled. | |
(2) The non-domestic rating multiplier for the year shall be the amount | |
found by— | 40 |
| |
| |
|
| |
| |
(a) increasing the small business non-domestic rating multiplier | |
for the year under paragraph 3 above to reflect the Secretary | |
of State’s estimate of the difference between— | |
(i) the aggregate amount which will be payable to him | |
and all billing authorities by way of non-domestic | 5 |
rates as regards the year, and | |
(ii) the aggregate amount which would be so payable if | |
section 43(4A) to (4D) above were omitted, and | |
(b) if the Secretary of State thinks fit, adjusting the amount found | |
under paragraph (a) above to reflect the extent (if any) to | 10 |
which his estimate of the difference mentioned in that | |
paragraph for an earlier financial year appears to him to | |
differ from the actual difference for that earlier year. | |
3B (1) In relation to Wales, the non-domestic rating multiplier for a | |
chargeable financial year shall be calculated in accordance with this | 15 |
paragraph if the year is not one at the beginning of which new lists | |
must be compiled. | |
(2) An amount shall be found in accordance with the formula— | |
(3) Subject to sub-paragraph (5) below, that amount may be adjusted by | |
the National Assembly for Wales to reflect the extent to which its last | 20 |
estimate of the total mentioned in paragraph 5(6) or (7) below | |
appears to it to differ from the actual total. | |
(4) The amount under sub-paragraph (2) above or, if an adjustment is | |
made under sub-paragraph (3) above, the adjusted amount shall be | |
the non-domestic rating multiplier for the year. | 25 |
(5) No adjustment may be made under sub-paragraph (3) above for a | |
chargeable financial year beginning before 2006.” | |
(4) For paragraph 4 (calculation of non-domestic rating multiplier for year in | |
which list must be compiled) there is substituted— | |
“4 In relation to England, the small business non-domestic rating | 30 |
multiplier for a chargeable financial year shall be calculated in | |
accordance with the following formula if the year is one at the | |
beginning of which new lists must be compiled— | |
4A (1) In relation to England, the non-domestic rating multiplier for a | |
chargeable financial year shall be calculated in accordance with this | 35 |
paragraph if the year is one at the beginning of which new lists must | |
be compiled. | |
| |
| |
|
