Statutory Instrument 2000 No. 525

      The Central Rating Lists (England) Regulations 2000


      © Crown Copyright 2000

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STATUTORY INSTRUMENTS


2000 No. 525

RATING AND VALUATION, ENGLAND

The Central Rating Lists (England) Regulations 2000

  Made 1st March 2000 
  Laid before Parliament 6th March 2000 
  Coming into force
  For all purposes other than those of article 11 27th March 2000 
  For the purposes of regulation 11 1st April 2000 

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:



PART I

PRELIMINARY

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-

    (a) for all purposes other than those of regulation 11, on 27th March 2000, and

    (b) for the purposes of regulation 11, on 1st April 2000.

    (2) In these Regulations-

    (a) "the 1988 Act" means the Local Government Finance Act 1988;

    (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.

    (4) Any reference in these Regulations to hereditaments used for any purpose includes a reference to hereditaments which are unused but in relation to which it appears that when next in use they will be used for such a purpose.

Application
     2. These Regulations shall have effect in relation to a central list compiled on or after 1st April 2000.



PART II

CENTRAL LISTS: GENERAL

Designation of persons and description of hereditaments
    
3.  - (1) For the purposes of section 53(1) of the 1988 Act-

    (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[4] (cross-boundary hereditaments) shall not apply to any hereditament falling within any description in the Schedule.

Content of central rating lists - names and hereditaments
     4. A central list shall show, for each day in each year for which that list is in force-

Content of central rating lists - other information
    
5.  - (1) A central list shall also show, against the name of each designated person-

    (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.



PART III

RAILWAY HEREDITAMENTS

Interpretation
    
6. In this Part-

    "excepted hereditament" means a hereditament consisting of or comprising-

    (a) premises used as a shop, hotel, museum or place of public refreshment;

    (b) premises used wholly or mainly as office premises which are not situated on operational land of-

      (i) any person designated by regulation 3 and named in Part 4 of the Schedule, or

      (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

    (d) premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes;

    "licence exempt operator" and "licence holder" have the meanings given by section 10(6) and section 83(1) respectively of the 1993 Act; and

    "railway services" has the meaning given in section 82(1) of the 1993 Act.

Railtrack PLC
     7.  - (1) Anything which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is-

and in either case is-

    (2) The hereditament described in paragraph (1) shall be treated as occupied by Railtrack PLC.

    (3) In this regulation "railway purposes" means the purposes of providing railway services or for purposes ancillary to those purposes (including the purposes of exhibiting advertisements).

London Underground Limited
    
8.  - (1) Any hereditament which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is-

and in either case is-

    (2) The hereditament described in paragraph (1) shall be treated as occupied by LUL.

    (3) In this regulation "LUL purposes" means the purposes of the parts of LUL's undertaking which are concerned with the carriage of goods or passengers by rail, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements).

Railway hereditaments: consequential
    
9.  - (1) Subject to paragraph (2), regulation 3 of the 1994 Regulations is amended by the substitution for paragraphs (1) to (4) of the following-

    (2) Nothing in this regulation affects the operation of the 1994 Regulations for the purposes of or for purposes connected with-

    (a) any alteration of a non-domestic rating list in force immediately before 1st April 2000; or

    (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.



PART IV

TELECOMMUNICATION HEREDITAMENTS

Telecommunications: changes of name
     10. In regulation 4 of the 1994 Regulations-

    (a) in paragraph (2), for "Mercury Communications Limited" there is substituted " Cable and Wireless Communications (Mercury) Limited";

    (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".



PART V

MISCELLANEOUS

Revocations and savings
    
11.  - (1) Subject to paragraph (2), there are hereby revoked-

    (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-

    (a) any alteration of a list in force immediately before 1st April 2000; or

    (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.



Signed by authority of the Secretary of State for the Environment, Transport and the Regions


Hilary Armstrong
Minister of State, Department of the Environment, Transport and the Regions

1st March 2000



SCHEDULE
Regulation 3



PART 1

CANAL HEREDITAMENTS

Designated person Relevant hereditaments
The British Waterways Board The hereditament situated in England described in regulation 5(2) of the 1994 Regulations[10]



PART 2

ELECTRICITY SUPPLY HEREDITAMENTS



Designated person Relevant hereditaments
The National Grid Company plc Hereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the transformation or transmission of electrical power, or for ancillary purposes
Powergen Energy plc

Eastern Electricity plc

London Electricity plc

Manweb plc

Midlands Electricity plc

Northern Electric plc

NORWEB plc

Scottish Power UK plc

SEEBOARD plc

South Wales Electricity plc

South Western Electricity plc

Southern Electric plc

Yorkshire Electricity Group plc

Hereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the functions of a public electricity supplier, or for ancillary purposes

In this Part-

    "excepted hereditament" means a hereditament consisting of or comprising premises used wholly or mainly-

    (a) as a shop or other place for the sale, display or demonstration of apparatus or accessories for use by consumers of electricity (any use for the receipt of payments for the use of electricity being disregarded);

    (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



PART 3

GAS HEREDITAMENTS



Designated person Relevant hereditaments
BG Transco plc Hereditaments (other than excepted hereditaments) used wholly or mainly for the purposes of BG Transco plc acting as a public gas transporter.

In this Part-

    "excepted hereditament" means a hereditament consisting of or comprising premises used wholly or mainly-

    (a) for the manufacture of plant or gas fittings;

    (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



PART 4

RAILWAY HEREDITAMENTS

Designated person Relevant hereditaments
Railtrack PLC The hereditament described in regulation 7(1)
Docklands Light Railway Limited The hereditament described in regulation 3(5) of the 1994 Regulations
The Tyne and Wear Passenger Transport Executive The hereditament described in regulation 3(6) of the 1994 Regulations
London Underground Limited The hereditament described in regulation 8(1)



PART 5

TELECOMMUNICATIONS HEREDITAMENTS

Designated person Relevant hereditaments
British Telecommunications plc The hereditament situated in England described in regulation 4(1) of the 1994 Regulations
Cable and Wireless Communications (Mercury) Limited The hereditament situated in England described in regulation 4(2) of the 1994 Regulations
Racal Telecommunications Limited The hereditament situated in England described in regulation 4(3) of the 1994 Regulations
Energis Communications Limited The hereditament situated in England described in regulation 4(4) of the 1994 Regulations
AT & T Communications (UK) Limited The hereditament situated in England described in regulation 4(5) of the 1994 Regulations



PART 6

WATER SUPPLY HEREDITAMENTS



Designated person Relevant hereditaments
Anglian Water Services Limited

Bournemouth & West Hampshire Water plc

Bristol Water plc

Cambridge Water plc

Cholderton & District Water Company Limited

Dee Valley Water plc

Dwr Cymru Cyfyngedig

Essex & Suffolk Water plc

Folkestone & Dover Water Services Limited

Mid Kent Water plc

North Surrey Water Limited

North West Water Limited

Northumbrian Water Limited

Portsmouth Water plc

Severn Trent Water Limited

South East Water plc

South Staffordshire Water PLC

South West Water Limited

Southern Water Services Limited

Sutton and East Surrey Water plc

Tendring Hundred Water Services Limited

Thames Water Utilities Limited

Three Valleys Water PLC

Wessex Water Services Limited

Yorkshire Water Services Limited

The York Waterworks plc

Hereditaments (other than excepted hereditaments) used wholly or mainly for the purposes of a water undertaker under Part III of the Water Industry Act 1991[13], or for ancillary purposes

In this part, "excepted hereditament" means a hereditament consisting of or comprising premises used wholly or mainly-

    (a) for the manufacture, storage, sale, display or demonstration of apparatus or accessories for use by consumers of water (any use for the receipt of payments for the use of water or sewerage services being disregarded); or

    (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.



PART 7

LONG-DISTANCE PIPE-LINES

Designated person Relevant hereditaments
Barking Power plc

The BOC Group plc

BP Chemicals Limited

BP Exploration Operating Company Limited

BP Oil UK Limited

Conoco (UK) Limited

Conoco Limited

Esso Petroleum Company Limited

Esso UK plc

Fina plc

Huntsman ICI Petrochemicals (UK) Limited

Imperial Chemical Industries plc

Kinetica Limited

Mainline Pipelines Limited

Manchester Jetline Limited

North West Water Limited

PowerGen Gas Limited

The Secretary of State for Defence

Shell Chemicals UK Limited

Shell UK Limited

The Rugby Group plc

United Kingdom Oil Pipelines Limited

Walton-Gatwick Pipeline Company Limited.

Cross-country pipe-lines (within the meaning of the Pipe-lines Act 1962[14]) situated within the area of more than one billing authority



EXPLANATORY NOTE

(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

[2] S.I. 1994/3123.back

[3] 1990 c. 8.back

[4] S.I. 1989/1060.back

[5] 1993 c. 43.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

[7] S.I. 1994/3121.back

[8] S.I. 1996/620.back

[9] 1978 c. 30.back

[10] S.I. 1994/3123.back

[11] 1989 c. 29.back

[12] 1986 c. 44.back

[13] 1991 c. 56.back

[14] 1962 c. 58.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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