Statutory Instrument 1994 No. 3121

      The Central Rating Lists Regulations 1994


      © Crown Copyright 1994

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STATUTORY INSTRUMENTS

1994 No. 3121

RATING AND VALUATION

The Central Rating Lists Regulations 1994

Made 7th December 1994
Laid before Parliament 9th December 1994
Coming into force 30th December 1994

    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 sections 53(1), (2), (4) and (5), 140(4) and 143(1) and (2) of the Local Government Finance Act 1988[1], 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 Central Rating Lists Regulations 1994 and shall come into force on 30th December 1994.

        (2)  In these Regulations—
      "the 1989 Regulations" means the Central Rating Lists Regulations 1989[2]; and

      "designated person" in relation to a central non-domestic rating list compiled on or after 1st April 1995 means a person designated by regulation 5(1) of these Regulations and in relation to a central non-domestic rating list compiled on 1st April 1990 means a person designated by regulation 2 of the 1989 Regulations.

        (3)  Any reference in these Regulations to a hereditament is to a relevant non- domestic hereditament.

        (4)  Any reference in these Regulations to a designated person by name is a reference to the company or body registered by or bearing that name at the date that name is entered in the central non-domestic rating list for England or for Wales, as the case may be.

        (5)  Any term used in the Schedule to these Regulations or any Part of the Schedule has the meaning ascribed in that Schedule or that Part.
    Application of the Regulations
        2.—(1)  Other than regulations 3 and 4, these Regulations shall have effect with respect to any central non-domestic rating list compiled on or after 1st April 1995.

        (2)  Regulations 3 and 4 shall have effect with respect to the central non-domestic rating list for England compiled on 1st April 1990.
    Amendments to the 1989 Regulations: water undertakers
        3.    With effect from 31st March 1994—
       (a) the designated person in respect of the description of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to East Anglian Water Company shall be Essex Water Company;
       (b) the designated person in respect of the descriptions of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to Colne Valley Water Company and Rickmansworth Water Company shall be Lee Valley Water Company; and
       (c) Part 6 (Water Supply Hereditaments) of the Schedule to the 1989 Regulations shall be amended in the column headed "Designated person" under the heading "II.PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND" by the deletion of "Colne Valley Water Company", "East Anglian Water Company" and "Rickmansworth Water Company".
    Further amendments to the 1989 Regulations: water undertakers
        4.    With effect from 1st July 1994—
       (a) the designated person in respect of the descriptions of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to Bournemouth and District Water Company and West Hampshire Water Company shall be Bournemouth and West Hampshire Water Plc; and
       (b) Part 6 (Water Supply Hereditaments) of the Schedule to the 1989 Regulations shall be amended in the column headed "Designated person" under the heading "II.PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND" by the deletion of Bournemouth and District Water Company and West Hampshire Water Company.
    Designation of persons and description of hereditaments
        5.—(1)  For the purposes of section 53(1) of the Local Government Finance Act 1988—
       (a) there are hereby designated the persons named in the Schedule; and
       (b) there is hereby prescribed in relation to each such person the description of hereditament set out opposite the name of that person in the Schedule.

        (2)  Regulation 6 of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989[3] (cross-boundary hereditaments) shall not apply to any hereditament falling within any description in the Schedule.
    Content of central rating lists
        6.—(1)  The central non-domestic rating list for England must show, for each day in each year for which that list is in force—
       (a) the name of each person designated by regulation 5; and
       (b) against each name, each hereditament situated in England which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within the description prescribed in relation to that person by that regulation.

        (2)  The central non-domestic rating list for Wales must show, for each day in each year for which that list is in force—
       (a) the name of each person designated by regulation 5 and named in Part 1 or 3 of the Schedule, under the heading I of Part 2, 6 or 7 or under the heading II of Part 4 or 5, and
       (b) against each name, each hereditament situated in Wales which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within the description prescribed in relation to that person by that regulation.

        7.—(1)  Each central list shall also show, against the name of each designated person—
       (a) where the person is a registered company, its registered office, and in any other case the person's principal place of business within the United Kingdom;
       (b) where the person is a registered company, its registered number; and
       (c) the first day, if later than 1st April 1995, for which the rateable value shown in the list against the name of the designated person has effect.

        (2)  Each central list shall also show, where the list has been altered in pursuance of a direction by a tribunal, the name of the tribunal which gave the direction.
    Revocations and savings
        8.—(1)  Subject to paragraph (2), there are hereby revoked with effect from 1st April 1995 the following—
       (a) the Central Rating Lists Regulations 1989[4];
       (b) the Central Rating Lists (Amendment) Regulations 1990[5];
       (c) the Central Rating Lists (Amendment) (No. 2) Regulations 1990[6];
       (d) regulation 3 of the Non-Domestic Rating (Alteration of Central Lists) (Amendment) Regulations 1991[7];
       (e) the Central Rating Lists (Amendment) Regulations 1993[8]; and
       (f) regulations 3 and 4 of these Regulations.

        (2)  Without prejudice to section 16(1) of the Interpretation Act 1978[9], the provisions mentioned in paragraph (1) shall continue to have effect on and after 1st April 1995 for the purposes of or for purposes connected with—
       (a) any alteration of a list in force immediately before 1st April 1995; or
       (b) any provision made by regulations made under section 58[10] of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.


Signed by authority of the Secretary of State for the Environment

David Curry

Minister of State, Department of the Environment

5th December 1994
Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, for Wales

7th December 1994





Notes:

[1] 1988 c. 41. Section 53 is amended by paragraph 29 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42). Section 143(2) is amended by paragraph 72(2) of Schedule 5 to the 1989 Act. See section 146(6) of the 1988 Act for the definition of "prescribed". back

[2] S.I. 1989/2263 to which amendments are made by the Regulations referred to in paragraphs (b) to (f) of Regulation 8. back

[3] S.I. 1989/1060. back

[4] S.I. 1989/2263. back

[5] S.I. 1990/502. back

[6] S.I. 1990/1566. back

[7] S.I. 1991/723. back

[8] S.I. 1993/166. back

[9] 1978 c. 30. back

[10] Section 58 is amended by paragraph 68 of Schedule 13 to the Local Government Finance Act 1992 (c. 14) and by section 2 of the Non-Domestic Rating Act 1994 (c. 3). back

 

Explanatory Note


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