The Non-Domestic Rating (Alteration of Lists, Appeals and Procedure) (England) (Amendment) Regulations 2018

Amendment of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009

2.—(1) The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009(1) are amended as follows.

(2) In regulation 2 (interpretation: general)—

(a) in paragraph (3)(b)(ii) for “since the proposal was served on the VO” substitute “since the date mentioned in paragraph (3A)”;

(b) after paragraph (3) insert—

“(3A) The date referred to in paragraph (3)(b)(ii) is the date on which the VO received the confirmation for the check to which the proposal which is the subject of the appeal relates(2).”.

(3) In regulation 4 (circumstances in which proposals may be made)—

(a) after paragraph (2)(a) insert—

“(aa) by a person, other than an IP, who in relation to a hereditament—

(i) has reason to believe that one of the grounds set out in paragraph (1) exists,

(ii) has reason to believe that the ground relates to any time during which the person was an IP in relation to that hereditament,

(iii) as an IP made a request under regulation 4B(2), and

(iv) (whether or not as an IP) complied with regulation 4C;”;

(b) in paragraph (3)(b)—

(i) in the opening words omit “an IP, where”;

(ii) in paragraph (i) at the beginning insert “an IP, where”;

(iii) after paragraph (i) insert—

“(ia) a person mentioned in paragraph (2)(aa) or (c), where that person (or a person having a qualifying connection with that person), acting in that capacity or acting as an IP, has made a proposal to alter the same list in relation to the same hereditament on the same ground and arising from the same event;”;

(iv) in paragraph (ii) at the beginning insert “an IP or a person mentioned in paragraph (2)(aa) or (c), where”.

(4) In regulation 4B(1) (request for information held by the VO) for “regulation 4(2)” substitute “regulation 4(2)(a) or (c)”.

(5) In regulation 6(6) (proposals: general)—

(a) in the words before sub-paragraph (a) after “licence to occupy” insert “(or, where sub-paragraph (c) applies, was so occupied)”;

(b) after sub-paragraph (a) omit “or”;

(c) in sub-paragraph (b) after “the occupier” insert “but is an IP in relation to that hereditament”;

(d) after sub-paragraph (b) insert—

“or

(c) where the proposer is not an IP in relation to that hereditament, the amount that was payable each year by or to the proposer (as the case may be), as at the last day on which the proposer was such an IP, in respect of the lease, easement or licence to occupy, the date on which that amount first became payable and details of any rent-free periods.”.

(6) In regulation 11 (withdrawal of proposals)—

(a) for paragraphs (2) and (3) substitute—

“(2) Where—

(a) the proposer was a ratepayer in respect of the hereditament at the date of the proposal but is no longer, or

(b) the proposal was made by a person mentioned in regulation 4(2)(aa),

the proposal may not be withdrawn unless the person who is currently the ratepayer agrees in writing.

(3) Where—

(a) within two months from the day on which the VO receives a proposal—

(i) an IP, or

(ii) a person (“P”) who was an IP on the date on which the VO received the confirmation for the check to which the proposal relates,

notifies the VO in writing that the IP or P wishes to be a party to the proceedings in respect of that proposal, and

(b) after receiving the notification referred to in sub-paragraph (a), the proposal is withdrawn,

the VO must give notice of the withdrawal to the IP or to P.”;

(b) in paragraph (4) after “the IP” in each place it occurs insert “or P”;

(c) after paragraph (4) insert—

“(5) For the purposes of considering under paragraph (4)(a) whether an IP or P would have been competent at the date of a proposal to make that proposal, the requirements in regulations 4A(1) and 4B(2) are disregarded.”.

(7) In regulation 12 (agreed alterations following proposals)—

(a) after paragraph (2)(e) insert—

“(f) any person (“P”) who—

(i) was an IP on the date on which the VO received the confirmation for the check to which the proposal relates and on that date would have been competent to make the proposal; and

(ii) not later than two months after the day on which the proposal was received by the VO, informs the VO in writing that P wishes to be a party to the proceedings in respect of the proposal.”;

(b) in paragraph (3)(b) for “any IP referred to in paragraph (2)(e)” substitute “any person referred to in paragraph (2)(e) or (f)”;

(c) after paragraph (3) insert—

“(3A) For the purposes of considering under paragraph (2)(e)(i) or (f)(i) whether a person would have been competent at the date of a proposal to make that proposal, the requirements in regulations 4A(1) and 4B(2) are disregarded.”.

(8) In regulation 13 (disagreement as to proposed alteration)—

(a) for paragraph (2)(c) substitute—

“(c) any person mentioned in regulation 12(2)(e) or (f);”;

(b) at the beginning of paragraph (3) insert “Subject to paragraph (3A),”;

(c) after paragraph (3) insert—

“(3A) A decision notice served on a person mentioned in paragraph (2)(c) who is not an IP when the notice is served must contain—

(a) a statement that the VO is of the opinion that the proposal is not well-founded, that the VO disagrees with the proposed alteration of the list and that the VO has decided—

(i) not to alter the list according to the proposal; or

(ii) to alter the list otherwise than in accordance with the proposal;

(b) the reasons for that decision.”.

(1)

S.I. 2009/2268, amended by S.I. 2017/155; there are other amending instruments but none is relevant.

(2)

See regulation 2(1) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009, S.I. 2009/2268, for the meaning of “VO”; see regulation 4D(2) of those Regulations as to the date on which the VO received a confirmation.