Statutory Instrument 1992 No. 1514

The Non-Domestic Rating (Transitional Period) (Amendment) Regulations 1992

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© Crown Copyright 1992

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1992 No. 1514

RATING AND VALUATION

The Non-Domestic Rating (Transitional Period) (Amendment) Regulations 1992

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 143(1) of, and paragraphs 10 to 12 of Schedule 7A to, the Local Government Finance Act 1988^[1] and section 7 of the Non-Domestic Rating Act 1992^[2], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Non-Domestic Rating (Transitional Period) (Amendment) Regulations 1992.

    (2)  With the exception of regulation 4, these Regulations shall come into force on 16th July 1992.

    (3)  Regulation 4 shall come into force on 1st April 1993.

    (4)  In these Regulations, "the principal Regulations" means the Non-Domestic Rating (Transitional Period) Regulations 1990^[3].

Amendment of the principal Regulations
    2.—(1)  The principal Regulations are amended in accordance with regulations 3 and 4 below.

    (2)  The amendments in regulation 3 shall be deemed to have had effect from 11th March 1992.

    3.—(1)  In regulation 6 (changes in hereditaments: general)—
 (a) in paragraph (4), for sub-paragraph (c) there is substituted the following—
"(c) where the day on which the merger or increase takes place falls after 10th March 1992, a person shall be treated as satisfying the requirements of paragraph 2(5) of Schedule 7A in relation to the merged or increased hereditament if he satisfied those requirements (or was treated as satisfying those requirements) in relation to any hereditament incorporated wholly or partly in the merged hereditament or (as the case may be) the increased hereditament as it existed before the increase; and" ; and

 (b) in paragraph (5), for sub-paragraph (c) there is substituted the following—
"(c) where the day on which the split or reduction takes place falls after 10th March 1992, a person shall be treated as satisfying the requirements of paragraph 2(5) of Schedule 7A in relation to any of the parts into which the hereditament split or the reduced hereditament if he satisfied those requirements (or was treated as satisfying those requirements) in relation to the hereditament which split or (as the case may be) the reduced hereditament as it existed before the reduction; and" .


    (2)  In paragraph (6) of regulation 8 (splits and mergers: adjustment of relevant amounts) for the words "and (b)" there is substituted the following—
"or
(b) where the split or merger concerned took place before 11th March 1992, and" .

    4.    The provisions specified in column (1) of the Schedule hereto are amended as provided in columns (2) and (3) of that Schedule.

Michael Howard

Secretary of State for the Environment

25th June 1992

David Hunt

Secretary of State for Wales

23rd June 1992

[1] 1988 c. 41. Schedule 7A was inserted by paragraph 40 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42). See also the modifications specified in sections 1, 2(1) and 3(3) of the Non-Domestic Rating Act 1992 (c. 46). back

[2] 1992 c. 46. back

[3] S.I. 1990/608; amended by S.I. 1990/2329. back

Explanatory Note