House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

345

House of Commons

Thursday 14th June 2007

Committee of the whole House

Proceedings

Rating (Empty Properties) bill

Mr Robert Syms

Michael Gove

Mrs Caroline Spelman

Robert Neill

Mr Philip Dunne

Negatived on division  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;

(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);

Committee of the whole House Proceedings: 14th June 2007
346

Rating (Empty Properties) bill, continued

(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

“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.”.’.

Committee of the whole House Proceedings: 14th June 2007
347

Rating (Empty Properties) bill, continued

Mr Robert Syms

Michael Gove

Mrs Caroline Spelman

Robert Neill

Mr Philip Dunne

Negatived on division  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

Not called  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)’.

Mr Robert Syms

Michael Gove

Mrs Caroline Spelman

Robert Neill

Mr Philip Dunne

Not called  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

Negatived on division  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.’.

Committee of the whole House Proceedings: 14th June 2007
348

Rating (Empty Properties) bill, continued

Mr Robert Syms

Michael Gove

Mrs Caroline Spelman

Robert Neill

Mr Philip Dunne

Not called  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

Not selected  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.’.

Bill read the third time and passed.