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1333

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Monday 11th June 2007

 

Committee of the whole House


 

Rating (Empty Properties) Bill

 

Mr Robert Syms

 

Michael Gove

 

Mrs Caroline Spelman

 

Robert Neill

 

Mr Philip Dunne

 

1

 

Clause  1,  page  2,  line  22,  at end insert—

 

‘(4)    

The third case is where—

 

(a)    

the ratepayer is a community owned village hall or community centre,

 

and

 

(b)    

it appears that when next in use the hereditament will be wholly or mainly

 

used for community benefit.’.

 

Mr Robert Syms

 

Michael Gove

 

Mrs Caroline Spelman

 

Robert Neill

 

Mr Philip Dunne

 

2

 

Clause  1,  page  1,  line  5,  leave out ‘subsection (4A)’ and insert subsections (4A)

 

and (4B)’.

 

Mr Robert Syms

 

Michael Gove

 

Mrs Caroline Spelman

 

Robert Neill

 

Mr Philip Dunne

 

3

 

Clause  1,  page  1,  line  9,  after ‘(4A)’, insert—

 

    

‘Where subsection (5) applies, the chargeable amount for a chargeable day shall

 

be calculated in accordance with the formula—

 


 

(A x B) divided by (C x 2)’.


 
 

Notices of Amendments: 11th June 2007                  

1334

 

Rating (Empty Properties) Bill, continued

 
 

Mr Robert Syms

 

Michael Gove

 

Mrs Caroline Spelman

 

Robert Neill

 

Mr Philip Dunne

 

4

 

Clause  1,  page  2,  line  3,  at end insert—

 

‘(2)    

For subsection (5) of that section substitute—

 

    

“This subsection applies where on the day concerned, the hereditament is

 

the subject of—

 

(a)    

a planning application,

 

(b)    

an application for approval of reserved matters or for the

 

approval of details under a condition of a planning permission, or

 

(c)    

an appeal under section 78 of the Town and Country Planning

 

Act 1990.

 

Mr Robert Syms

 

Michael Gove

 

Mrs Caroline Spelman

 

Robert Neill

 

Mr Philip Dunne

 

5

 

Schedule  1,  page  5,  line  20,  at end insert—

 

‘(1A)    

For the purposes of any regulations, the state of any property shall not be deemed

 

to have been changed by the carrying out of operations in accordance with a

 

planning permission.’.

 

Mr Robert Syms

 

Michael Gove

 

Mrs Caroline Spelman

 

Robert Neill

 

Mr Philip Dunne

 

6

 

Clause  1,  page  1,  line  2,  at beginning insert—

 

‘(1)    

In section 45(1)(c) of the Local Government Finance Act 1988 (c. 41)

 

(unoccupied hereditaments: liability) after “year” insert—

 

“(ca)    

none of the conditions in subsection (1A) applies”.

 

(2)    

After section 45(1) of that Act insert—

 

“(1A)    

The conditions are that—

 

(a)    

the whole hereditament has, subject to subsection (1B), been

 

unoccupied for a continuous period not exceeding three months;

 

(b)    

its owner is prohibited by law from occupying it or allowing it to

 

be occupied;

 

(c)    

it is kept vacant by reason of action taken by or on behalf of the

 

Crown or any local or public authority with a view to prohibiting

 

the occupation of the hereditament or to acquiring it;

 

(d)    

it is the subject of a building preservation notice as defined by

 

section 3 of the Planning (Listed Buildings and Conservation

 

Areas) Act 1990 or is included in a list compiled under section 1

 

of that Act;


 
 

Notices of Amendments: 11th June 2007                  

1335

 

Rating (Empty Properties) Bill, continued

 
 

(e)    

it is included in the Schedule of monuments compiled under

 

section 1 of the Ancient Monuments and Archaeological Areas

 

Act 1979 (c. 46);

 

(f)    

it is a qualifying industrial hereditament;

 

(g)    

its rateable value is less than £2,200;

 

(h)    

the owner is entitled to possession only in his capacity as the

 

personal representative of a deceased person;

 

(i)    

there subsists in respect of the owner’s estate a bankruptcy order

 

within the meaning of Parts VIII to XI of the Insolvency Act

 

1986 (c. 45);

 

(j)    

the owner is entitled to possession of the hereditament in his

 

capacity as trustee under a deed of arrangement to which the

 

Deeds of Arrangement Act 1914 (c. 47) applies;

 

(k)    

the owner is a company which is subject to a winding-up order

 

made under the Insolvency Act 1986 or which is being wound up

 

voluntarily under that Act;

 

(l)    

the owner is entitled to possession of the hereditament in his

 

capacity as liquidator by virtue of an order made under section

 

112 or section 145 of the Insolvency Act 1986.

 

(1B)    

Where a hereditament which has been unoccupied becomes occupied on

 

any day and becomes unoccupied again on the expiration of a period of

 

less than six weeks beginning with that day, then for the purposes of

 

ascertaining whether the hereditament has been continuously unoccupied

 

for the period mentioned in subsection (1A)(a) it shall be treated as

 

having been unoccupied on that day and throughout the period.

 

(1C)    

For the purpose of subsection (1A)(a), a hereditament which has not

 

previously been occupied shall be treated as becoming unoccupied—

 

(a)    

on the day determined under paragraph 8 of Schedule 1 to the

 

General Rate Act 1967, or

 

(b)    

on the day determined under Schedule 4A to the Act, or

 

(c)    

where neither (a) nor (b) applies, on the day for which the

 

hereditament is first shown in a local rating list,

 

    

whichever day first occurs.

 

(1D)    

In subsection (1A)(f)—

 

 

“qualifying industrial hereditament” means any hereditament other than a

 

retail hereditament in relation to which all buildings comprised in the

 

hereditament are—

 

(a)    

constructed or adapted for use in the course of a trade or

 

business, and

 

(b)    

constructed or adapted for use for one or more of the following

 

purposes, or one or more such purposes and one or more

 

purposes ancillary thereto—

 

(i)    

the manufacture, repair or adaptation of goods

 

or materials, or the subjection of goods or

 

materials to any process;

 

(ii)    

storage (including the storage or handling of

 

goods in the course of their distribution);

 

(iii)    

the working or processing of minerals;

 

(iv)    

the generation of electricity; and


 
 

Notices of Amendments: 11th June 2007                  

1336

 

Rating (Empty Properties) Bill, continued

 
 

“retail hereditament” means any hereditament where any building or part of

 

a building comprised in the hereditament is constructed or adapted for the

 

purpose of the retail provision of—

 

(a)    

goods, or

 

(b)    

services, other than storage for distribution services, on or from

 

the hereditament.”.’.

 

Mr Robert Syms

 

Michael Gove

 

Mrs Caroline Spelman

 

Robert Neill

 

Mr Philip Dunne

 

7

 

Schedule  1,  page  6,  line  9,  at end insert—

 

‘Revenue neutrality

 

5A         

After paragraph 4B of Schedule 7 to that Act (Non-Domestic Rating:

 

Multipliers) insert—

 

“4C(1)  

This paragraph applies in relation to the year 2008-2009.

 

      (2)  

In relation to England, the small business non-domestic rating

 

multiplier and the non-domestic rating muliplier shall be approved

 

by resolution of the House of Commons.

 

      (3)  

The small business non-domestic rating multiplier and the non-

 

domestic rating multiplier in England shall be determined such that

 

the aggregate amount estimated by the Secretary of State to be

 

payable to her and all billing authorities by way of non-domestic

 

rates as regards the year 2008-09 shall not exceed the aggregate

 

amount estimated by the Secretary of State to be so payable in the

 

year 2007-08 adjusted by any changes in the retail prices index and

 

any changes in the rating list.

 

      (4)  

In relation to Wales the non-domestic rating multiplier shall be

 

determined such that the aggregate amount estimated by the Welsh

 

Ministers to be payable to them and all billing authorities by way of

 

non-domestic rates as regards the year 2008-09 shall not exceed the

 

aggregate amount estimated by the Welsh Ministers to be so

 

payable in the year 2007-08 adjusted by any changes in the retail

 

prices index and any changes in the rating list.’.

 


 
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Revised 12 June 2007