SCHEDULES

SCHEDULE 5 Local Government Finance Act 1988: Amendments

Non-domestic rating

48

The following paragraphs shall be substituted for paragraph 8 of Schedule 9 (inspection)—

8

1

A person may require a valuation officer to give him access to such information as will enable him to establish what is the state of a list, orhas been its state at any time since it came into force, if—

a

the officer is maintaining the list, and

b

the list is in force or has been in force at any time in the preceding 5 years.

2

A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—

a

the authority has deposited the copy under section 41(6B) above, and

b

the list is in force or has been in force at any time in the preceding 5 years.

3

A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—

a

the Secretary of State has deposited the copy under section 52(6B) above, and

b

the list is in force or has been in force at any time in the preceding 5 years.

4

A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—

a

the authority has deposited the copy under section 41(6) above, and

b

the list itself is not yet in force.

5

A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—

a

the Secretary of State has deposited the copy under section 52(6) above,and

b

the list itself is not yet in force.

6

A requirement under any of the preceding provisions of this paragraph must be complied with at a reasonable time and place and without payment being sought; but the information may be in documentary or other form, as the person or authority of whom the requirement is made thinks fit.

7

Where access is given under this paragraph to information in documentary form the person to whom access is given may—

a

make copies of (or of extracts from) the document;

b

require a person having custody of the document to supply to him a photographic copy of (or of extracts from) the document.

8

Where access is given under this paragraph to information in a form which is not documentary the person to whom access is given may—

a

make transcripts of (or of extracts from) the information;

b

require a person having control of access to the information to supply to him a copy in documentary form of (or of extracts from) the information.

9

If a reasonable charge is required for a facility under sub-paragraph (7)or (8) above, the sub-paragraph concerned shall not apply unless the person seeking to avail himself of the facility pays the charge.

10

If without reasonable excuse a person having custody of a document containing, or having control of access to, information access to which is sought under this paragraph—

a

intentionally obstructs a person in exercising a right under sub-paragraph (1), (2), (3), (4), (5), (7)(a) or (8)(a) above, or

b

refuses to comply with a requirement under sub-paragraph (7)(b) or (8)(b) above,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

9

1

A person may, at a reasonable time and without making payment, inspect any proposal made or notice of appeal given under regulations made under section 55 above, if made or given as regards a list which is in force when inspection is sought or has been in force at any time in the preceding 5 years.

2

A person may—

a

make copies of (or of extracts from) a document mentioned in sub-paragraph (1) above, or

b

require a person having custody of such a document to supply to him a photographic copy of (or of extracts from) the document.

3

If a reasonable charge is required for a facility under sub-paragraph (2) above, the sub-paragraph shall not apply unless the person seeking to avail himself of the facility pays the charge.

4

If without reasonable excuse a person having custody of a document mentioned in sub-paragraph (1) above—

a

intentionally obstructs a person in exercising a right under sub-paragraph (1) or (2)(a) above, or

b

refuses to supply a copy to a person entitled to it under sub-paragraph (2)(b) above,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.