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Small Business Rate Relief (Automatic Payment) Bill



 

Small Business Rate Relief (Automatic Payment) Bill

 

 
 

Contents

1   

Automatic application of mandatory relief for small businesses

2   

Eligibility for mandatory relief for small businesses

3   

Interpretation

4   

Short title and extent

 

Bill 13                                                                                                 

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Small Business Rate Relief (Automatic Payment) Bill

1

 

A

Bill

To

Require small business rate relief payments to be made automatically; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Automatic application of mandatory relief for small businesses

(1)   

The Secretary of State must, within six months of the date on which this Act is

passed, make regulations providing for the payment by the billing authority of

mandatory relief for small businesses to a person (the ratepayer) under section

43(4B)(a) of the Local Government Finance Act 1988 (c. 41) (“the 1988 Act”) to

5

be made automatically and without any requirement for small businesses to

apply for such relief.

(2)   

Regulations made under this section—

(a)   

shall be made by statutory instrument;

(b)   

may not be made unless a draft has been laid before, and approved by,

10

a resolution of each House of Parliament;

(c)   

may contain such incidental, supplemental, consequential and

transitional provision as the Secretary of State thinks fit, including

provision amending, repealing or revoking any enactments.

2       

Eligibility for mandatory relief for small businesses

15

(1)   

For the purposes of section 1, the ratepayer shall be eligible for mandatory

relief for small businesses where the rateable value of a hereditament, as

shown in the local non-domestic rating list, fulfils the conditions for the

mandatory relief for small businesses as prescribed in section 43(4B)(a)(i) of the

1988 Act.

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(2)   

The information relating to the rateable value of the hereditament maintained

on the local non-domestic rating list shall be sufficient evidence for the purpose

of deciding whether a ratepayer shall be eligible to the automatic application

of mandatory relief for small businesses.

 

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Small Business Rate Relief (Automatic Payment) Bill

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(3)   

Where it is determined that the ratepayer is not eligible to the whole or any part

of the application of mandatory relief for small businesses, the billing authority

by whom the automatic application of mandatory relief is made may require

the application or, as the case may be, the part of the mandatory relief to be

repaid.

5

(4)   

The Secretary of State may by regulation make provision for the recovery of

sums that have been applied to a person by way of mandatory relief who is not

eligible for such application of mandatory relief in such circumstances as may

be prescribed.

(5)   

Regulations under this section shall be made by statutory instrument which

10

shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

3       

Interpretation

In this Act—

“mandatory relief for small businesses” has the meaning given by section

15

43(4B)(a) of the 1988 Act;

“billing authority” has the meaning given by section 144 of the 1988 Act;

“hereditament” has the meaning given by section 64 of the 1988 Act.

4       

Short title and extent

(1)   

This Act may be cited as the Small Business Rate Relief (Automatic Payment)

20

Act 2009.

(2)   

This Act extends to England only.

 
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