1997 No. 3031
RATING AND VALUATION
The Non-Domestic Rating Contributions (England) (Amendment) Regulations 1997
18th December 1997
Laid before Parliament
19th December 1997
Coming into force
31st December 1997
The Secretary of State, in exercise of the powers conferred on him by sections 47(8), 140(4) and 143(1) and (2) of, and paragraphs 4 and 6 of Schedule 8 to, the Local Government Finance Act 1988(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and Commencement
1. These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1997 and shall come into force on 31st December 1997.
Amendment of the 1992 Regulations
2. Schedules 1 and 2 to the Non-Domestic Rating Contributions (England) Regulations 1992(2) are amended as follows.
Rules for calculation of contributions
3. In relation to financial years beginning on or after 1st April 1998, in Schedule 1—
(a)in paragraph 1(4), for “1997” there is substituted “1998”;
(b)in paragraph 4(4), for “1997 is £77,751,000” there is substituted “1998 is £78,606,000”;
(c)for the Table in Part II there is substituted—
Name or description of authority
The councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers, Watford
The councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Herfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead, Woking
The council of a district other than a district named above which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Kent, Oxfordshire or West Sussex
The council of a district other than a district named, or falling within a description given, above
The council of an inner London borough
The council of an outer London borough
The Common Council of the City of London
The Council of the Isles of Scilly
The Isle of Wight Council
Deductions from gross amount: county schools
4.—(1) In paragraph 3 of Schedule 1, after sub-paragraph (1), there is inserted—
“(1A) For the purposes of sub-paragraph (1) above there shall be ignored any determination in so far as it is made in respect of the occupation of a hereditament for the purposes of a county school (within the meaning of section 31(1) of the Education Act 1996).”(3)
(2) Paragraph (1) applies to a determination in so far as it is made in respect of a day in a financial year beginning on or after 1st April 1998.
(3) Where in relation to a day in a financial year beginning on or after 1st April 1998 a billing authority has decided that section 47 of the Local Government Finance Act 1988(4) is to apply as regards a hereditament occupied for the purposes of a county school, regulation 2 of the Non-Domestic Rating (Discretionary Relief) Regulations 1989(5) shall have effect as respects notice given on any day before 1st April 1998 in relation to such a hereditament, in so far as it is occupied for the purposes of such a school, as if paragraph (3) of that regulation were omitted.
(4) In this regulation “county school” has the meaning given by section 31(1) of the Education Act 1996.
Assumptions relating to provisional amounts
5. In relation to financial years beginning on or after 1st April 1998, in Schedule 2—
(a)in paragraph 2(12), for “0.962” there is substituted “0.951”;
(b)for the table in paragraph 8(1) there is substituted the following—
“Name or description of authority
The council of a metropolitan district
The council of a non-metropolitan district which has the functions of a county council
The council of a non-metropolitan district which does not have the functions of a county council
The council of a London borough, and the Common Council of the City of London
The Council of the Isles of Scilly and the Isle of Wight Council
Signed by authority of the Secretary of State
Minister of State
Department of the Environment, Transport and the Regions
18th December 1997
(This note is not part of the Regulations)
Under Part II of Schedule 8 to the Local Government Finance Act 1988, billing authorities are required to pay amounts (called non-domestic rating contributions) to the Secretary of State. Payments in respect of a provisional amount of the contributions are made during the financial year, final calculations and any adjustments of payments being made after the year ends.
These Regulations amend the rules for calculation of contributions contained in the Non-Domestic Rating Contributions (England) Regulations 1992, with effect from 1st April 1998. Regulations 3 and 5 alter certain figures used in the calculation of contributions and provisional amounts. Regulation 4 disallows deductions from contributions in respect of hereditaments occupied for the purposes of county schools, and makes transitional provision.
1988 c. 41. Sections 140 and 143 were amended by paragraphs 69 and 72 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42, “the 1989 Act”), and paragraphs 4 and 6 of Schedule 8 were amended by paragraph 42 of Schedule 5 to the 1989 Act and by paragraph 6 of Schedule 10 and paragraph 86 of Schedule 13 to the Local Government Finance Act 1992 (c. 14).
S.I. 1992/3082. Relevant amendments are made by S.I. 1993/1496, S.I. 1993/3082, S.I. 1994/1431, S.I. 1994/3054, S.I. 1994/3139, S.I. 1995/3181 and S.I. 1996/3245.
1996 c. 56.
Section 47 is amended by paragraph 26 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42), paragraph 65 of Schedule 13 to the Local Government Finance Act 1992 (c. 14), and paragraph 3 of Schedule 1 to the Local Government and Rating Act 1997 (c. 29).
S.I. 1989/1059, to which there are amendments not relevant to these Regulations.