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The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by sections 53(1), (2) and (5), 64(3), 65(4) and 143(1) and (2) of the Local Government Finance Act 1988[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations: Citation, extent, commencement and interpretation 1. - (1) These Regulations, which extend to England only, may be cited as the Central Rating Lists (England) Regulations 2000 and shall come into force-
(b) for the purposes of regulation 11, on 1st April 2000.
(2) In these Regulations-
(b) "the 1994 Regulations" means the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994[2]; (c) "designated person" in relation to a central list compiled on or after 1st April 2000 means a person designated by regulation 3(1) of these Regulations; (d) "office premises" means any hereditament constructed or adapted as offices or for office purposes, or used wholly or mainly for such purposes; (e) "office purposes" includes the purposes of administration and clerical work and handling money; and "clerical work" includes writing, book-keeping, typing, filing, duplicating, sorting papers or information, calculating (whether by manual, mechanical or electronic means), drawing, and the editorial preparation of matter for publication; (f) "operational land", in relation to a designated person, means land which is used for the purposes of carrying on that person's undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purposes of carrying on of statutory undertakings (within the meaning of the Town and Country Planning Act 1990[3]; (g) references to a central list are to a central non-domestic rating list for England; and (h) references to a hereditament are to a relevant non-domestic hereditament.
(3) Any reference in these Regulations to a designated person by name is, unless the context otherwise requires, a reference to the company or body registered by or bearing that name on 1st January 2000. Designation of persons and description of hereditaments 3. - (1) For the purposes of section 53(1) of the 1988 Act-
(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[4] (cross-boundary hereditaments) shall not apply to any hereditament falling within any description in the Schedule.
(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.
Content of central rating lists - other information
(b) where the person is a registered company, its registered number; and (c) the first day, if later than 1st April 2000, for which the rateable value shown in the list against the name of the designated person has effect.
(2) A 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. Interpretation 6. In this Part-
(b) premises used wholly or mainly as office premises which are not situated on operational land of-
(ii) a licence exempt operator or licence holder;
(c) premises or rights so let out as to be capable of separate assessment, other than those falling within regulation 7(1)(b) or 8(1)(b); or
Railtrack PLC
(b) let or licensed by Railtrack PLC to a licence exempt operator or a licence holder;
and in either case is-
(ii) not comprised in an excepted hereditament.
(2) The hereditament described in paragraph (1) shall be treated as occupied by Railtrack PLC.
(b) let or licensed by LUL (whether to Railtrack PLC, a subsidiary of LUL or any other person);
and in either case is-
(ii) not comprised in an excepted hereditament.
(2) The hereditament described in paragraph (1) shall be treated as occupied by LUL.
(b) premises used wholly or mainly as office premises-
(ii) where paragraph (7) or (8) applies, which are occupied by Greater Manchester Metro Limited or South Yorkshire Supertram Limited, as the case may be;
(c) premises or rights so let out as to be capable of separate assessment; and
(2) Nothing in this regulation affects the operation of the 1994 Regulations for the purposes of or for purposes connected with-
(b) any provision made by regulations made under section 58 of the 1988 Act[6] (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Telecommunications: changes of name 10. In regulation 4 of the 1994 Regulations-
(b) in paragraph (3), for "BR Telecommunications Limited" there is substituted " Racal Telecommunications Limited"; and (c) in paragraph (5), for "AT & T (UK) Limited" there is substituted " AT & T Communications (UK) Limited".
Revocations and savings 11. - (1) Subject to paragraph (2), there are hereby revoked-
(b) the Central Rating Lists (Amendment) Regulations 1996[8].
(2) Without prejudice to section 16(1) of the Interpretation Act 1978[9], the provisions mentioned in paragraph (1) shall continue to have effect for the purposes of or for purposes connected with-
(b) any provision made by regulations made under section 58 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.
In this Part-
(b) as office premises of a designated person, where those premises are not situated on operational land of that person; or (c) for both of the foregoing purposes; and
In this Part-
(b) as storage facilities, being underground storage cavities, liquefied natural gas storage facilities and facilities used or available for use in connection with off-shore storage; (c) as office premises, where those premises are not situated on operational land of BG Transco plc; or (d) for more than one of the foregoing purposes; and
In this part, "excepted hereditament" means a hereditament consisting of or comprising premises used wholly or mainly-
(b) as office premises occupied by a designated person, where those premises are not situated on operational land of that person; or (c) for both of the foregoing purposes.
(This note is not part of the Regulations) With a view to securing the central rating en bloc of certain hereditaments, regulations may be made under section 53(1) of the Local Government Finance Act 1988 which designate a person and prescribe in relation to that person one or more descriptions of non-domestic hereditament. In relation to the central rating list for England which is to be compiled on 1st April 2000, regulation 3 of these Regulations designates the persons named in the Schedule and prescribes the descriptions of hereditament shown in the Schedule against the names of those persons. There are thereby designated: hereditaments consisting of canals, electricity distribution and supply premises, hereditaments occupied for the purposes of BG Transco plc (formerly British Gas plc), railway hereditaments, telecommunications hereditaments, water supply hereditaments and long-distance pipe-lines. Regulation 4 requires the names of the designated persons and the hereditaments situated in England which are within the prescribed descriptions and are occupied (or, if unoccupied, owned) by those persons to be shown in any central non-domestic rating list for England compiled on or after 1st April 2000. Regulation 5 requires the list to show certain information about the designated persons and the date from which a rateable value shown in the list has effect. Regulations 6 to 9 make provision in respect of railway hereditaments. Regulations 7 and 8 provide for hereditaments occupied or owned by, respectively Railtrack PLC and London Underground Limited to be treated as single hereditaments. Regulation 9 makes consequential amendments to the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994. Regulation 10 amends the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994 consequential on telecommunications operators changing their names. Regulation 11 revokes the Central Rating Lists Regulations 1994 in relation to England with effect from 1st April 2000 subject to certain savings. 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". These powers are devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the reference to the Local Government Finance Act 1988 in Schedule 1.back [6] Section 58 is amended by paragraph 68 of Schedule 13 to the Local Government Finance Act 1992 (c. 14), by section 2 of the Non-Domestic Rating Act 1994 (c. 3) and paragraph 5 of Schedule 1 to the Local Government and Rating Act 1997 (c. 29). See S.I. 1994/3279.back
[a] Amended by Correction Slip. Page 4, Part III, article 9(1), amended article (1)(b)(i), last line, after "Central Rating Lists" insert "(England). back
ISBN 0 11 098744 6
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