Revaluation (Consequential Provisions) Order (Northern Ireland) 1997

Link to law: http://www.legislation.gov.uk/nisr/1997/144/made/data.htm?wrap=true
Published: 1997-03-11

Statutory Rules of Northern Ireland
1997 No. 144

VALUATION
Revaluation (Consequential Provisions) Order (Northern Ireland) 1997

Made
11th March 1997

To be laid before Parliament under paragraph 3(3) of Schedule 1 to the Northern Ireland Act 1974

Coming into operation
1st April 1997

The Department of Finance and Personnel(1) in exercise of the powers conferred on it by Article 45(7) and (8) of the Rates (Northern Ireland) Order 1977(2) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Revaluation (Consequential Provisions) Order (Northern Ireland) 1997 and shall come into operation on 1st April 1997.

(2) In this Order “the Order of 1976” means the Revaluation (Consequential Provisions) Order (Northern Ireland) 1976(3).

Amendment of transferred provisions

2.  The transferred provisions mentioned in columns 1 to 3 of the Schedule (the general effect of which is indicated, in each case, in column 3) shall have effect subject to the modifications specified in relation thereto in Column 4.

Revocation

3.—(1) The Order of 1976 is hereby revoked.

(2) Notwithstanding the revocation of the Order of 1976 by paragraph (1), paragraph 1 of Schedule 3 to the Local Government (Modification and Repeal of Transferred Provisions relating to Harbours) Order (Northern Ireland) 1973(4) shall continue to have effect as if this Order had not been made.

Sealed with the Official Seal of the Department of Finance and Personnel on

L.S.
J. G. Sullivan
Assistant Secretary
11th March 1997.

Article 2
SCHEDULE

1
2
3
4

Chapter or Number
Title
Relevant provision and subject matter
Modification

1952 c. 5 (N.I.)
Foyle Fisheries Act (Northern Ireland) 1952
Section 22(5) (Rates on fisheries)
In sub-section (1) for “seven pence” substitute “one penny”;

1971 c. 7 (N.I.)
Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971
Section 33(6) (Interpretation)

For the definition of “ground rent” substitute—

““ground rent” means a rent under a lease where—

(a)
the rent was created before 9th September 1951 and does not exceed one tenth of the net annual value of the land or, in a case where the land is a specified hereditament, does not exceed one sixtieth of its net annual value;

(b)
the rent was created after 8th September 1951 and does not exceed one quarter of the net annual value of the land or, in a case where the land is a specified hereditament, does not exceed one twenty-fifth of its net annual value,

and for this purpose “specified hereditament” has the meaning assigned to it by Article 39A(3) of the Rates (Northern Ireland) Order 1977(7);”;

1972 c. 9 (N.I.)
Local Government Act (Northern Ireland) 1972
Section 115 (Expenditure for special purposes)

In sub-section (2) for the words from “exceed” to the end substitute—

“exceed the aggregate of—

(a)the product of a rate of 0.0757p in the pound on the rateable value of all hereditaments in the district which are specified hereditaments as defined by Article 39A(3) of the Rates (Northern Ireland) Order 1977; and

(b)the product of a rate of 0.5p in the pound on the rateable value of all other hereditaments in the district.”;

S.I. 1977/ 2157 (N.I. 28)
Rates (Northern Ireland) Order 1977
Article 13(8) (Effect of alteration in valuation list)

For paragraph (1A) substitute—

“(1A) Where an alteration falling within paragraph (1)(c) increases or decreases the net annual value ascribed to the hereditament by an amount not exceeding—

(a)in the case of a specified hereditament (as defined by Article 39A(3)), £200; or

(b)in any other case £30,

or such other amount as the Department in each such case may by order subject to affirmative resolution sub-stitute, the alteration shall have effect on and after the date of the commencement of the year immediately following the year in which the alteration is made.”;

Article 20 (Rating of owners instead of occupiers in certain cases)

In paragraph (1) for sub- paragraphs (a) and (b) substitute—

“(a)the net annual value of the hereditament does not exceed—

(i)in the case of a specified hereditament, £600; or

(ii)in any other case, £85;

(b)the hereditament is let to weekly or monthly tenants and its net annual value is less than—

(i)in the case of a specified hereditament, £1,250; and

(ii)in any other case, £200,

and for this purpose “specified hereditament” has the meaning assigned to it by Article 39A(3).”;

Schedule 4 (Definitions relating to freight- transport hereditaments)
In paragraph (b) of the definition of “freight-transport hereditament” for “£100” substitute “£650”;

S.I. 1980/ 397 (N.I. 3)
County Courts (Northern Ireland) Order 1980
Article 12 (Actions for recovery of, or involving title to land)

In paragraph (1) for the words from “where the annual value” to the end substitute—

“where the annual value of the land does not exceed—

(i)in the case where it comprises or includes a specified hereditament, £3,200; and

(ii)in any other case, £500”; and

after paragraph (1) insert—

“(1A) In this Article and in Articles 13, 14 and 16 “specified hereditament” has the meaning assigned to it by Article 39A(3) of the Rates (Northern Ireland) Order 1977.”;

Article 13 (Jurisdiction as respects injunctions)

In paragraph (2) for the words “does not exceed £500” substitute—

“does not exceed—

(a)in the case where it comprises or includes a specified hereditament, £3,200; and

(b)in any other case, £500.”;

Article 14 (Jurisdiction in equity matters)

In paragraphs (a) to (e), (g) to (i) and (k) to (m) for “£500” there shall be substituted “the appropriate sum” and at the end of the Article there shall be added—

“and for the purposes of this Article the appropriate sum in relation to the annual value of land means—

(i)in the case where the land comprises or includes a specified hereditament, £3,200; and

(ii)in any other case, £500.”;

Article 16 (Power to grant limited administration)

In paragraph (1)(b) for “does not exceed £500 in annual value” substitute

“does not exceed—

(i)in the case where the land comprises or includes a specified hereditament, £3,200; and

(ii)in any other case, £500,

in annual value”;

S.I. 1981/ 608 (N.I. 16)
Planning Blight (Compensation) (Northern Ireland) Order 1981
Article 4 (Interests qualifying for protection)
In paragraph (1)(b)(ii), for the words from “exceed” onwards substitute “exceed in the case of a specified hereditament (as defined by Article 39A(3) of the Rates (Northern Ireland) Order 1977) £15,500 and in the case of any other hereditament, £2,250 or such other amounts as the Department may by order substitute for those sums.”;

S.I. 1985/ 1204 (N.I. 11)
Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985
Article 12 (Grant of bookmaking office licences)
In paragraph (4)(i) for “£250” and “£200” substitute respectively “£1,500” and “£1,200”;

S.I. 1992/ 810 (N.I. 6)
Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992
Article 28(1), (Promotion of economic development)

In paragraph (2) for the words from “exceed” to the end substitute—

“exceed the aggregate of—

(a)the product of a rate of 0.757p in the pound on the rateable value of all hereditaments in the district which are specified hereditaments as defined by Article 39A(3) of the Rates (Northern Ireland) Order 1977; and

(b)the product of a rate of 5p in the pound on the rateable value of all other hereditaments in the district.”

In paragraph (4) for “the amount of 2p” substitute “any amount”;

S.I. 1996/ 725 (N.I. 5)
Business Tenancies (Northern Ireland) Order 1996
Article 23 (Compensation where order for new tenancy is opposed on certain grounds)

In paragraph (2), in the Table, in the second column (multipliers)—

(a)
for “2.5” substitute “0.4”;

(b)
for “5” substitute “0.8”;

(c)
for “7.5” substitute “1.2”;

(d)
for “10” substitute “1.6”.

Explanatory Note

(This note is not part of the Order.)
A new valuation list comes into effect on 1st April 1997 for the purposes of Part III of the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 25)) (“the Rates Order”). That new valuation list contains general revaluations of all properties in Northern Ireland other than dwelling houses, private garages and private storage premises: see the New Valuation List (Time and Class of Hereditaments) Order (Northern Ireland) 1995 (S.R. 1995 No. 58) made under Article 39A of the Rates Order. These properties (“domestic hereditaments”) are not subject to the general revaluation.
This Order is consequential upon the revaluation of the non-domestic hereditaments. It amends certain statutory provisions which operate by reference to specified amounts of rateable value or to specified rates in the pound to take account of the increase in the valuation for such premises. Those rateable values or specified rates, insofar as they relate to domestic hereditaments, are not being modified.


(1)
Formerly the Department of Finance See S.I. 1982/338 (N.I. 6) Article 3

(2)
S.I. 1977/2157 (N.I. 28)

(3)
S.R. 1976 No. 22

(4)
S.R. & O. (N.I.) 1973 No. 313

(5)
As amended by the Order of 1976

(6)
As amended by the Order of 1976

(7)
Article 39A was inserted by S.I. 1981/437 (N.I. 13) Art. 7

(8)
As amended by S.I. 1982/156 (N.I. 2), Art. 4
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