Application, citation and commencement

1. This Order, which applies to England only, may be cited as the Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) (No.2) Order 2009 and shall come into force on 1st April 2010.

Amendments to the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004

2.The Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004( 2 ) is amended as follows.

Conditions for relief

3. In article 3—

(a) in paragraph (3)(a) for “£21,499” substitute “£25,499”;

(b) in paragraph (3)(b) for “£14,999” substitute “£17,999”;

(c) in paragraph (4), for “The” substitute “Subject to paragraphs (8) and (9), the”;

(d) in paragraph (6)(b) for “£2,199” substitute “£2,599”;

(e) after paragraph (7) insert the following—

“ (8) Where—

(a) in respect of a valuation period (“the first valuation period”), a ratepayer has served an application under paragraph (4) on the billing authority concerned (“the existing application”);

(b) the ratepayer has not served on the billing authority concerned an application in respect of the valuation period which follows the first valuation period (“the new valuation period”); and

(c) on the first day of the new valuation period the conditions in paragraphs (2), (3) and (5) of this article are fulfilled as regards the hereditament and the ratepayer,

the existing application, in addition to its effect as regards the first valuation period, shall be treated as also having effect as an application under paragraph (4) served by the ratepayer in respect of the hereditament and the new valuation period; and the other provisions of this Order shall be construed accordingly.

(9) Where—

(a) in respect of the first valuation period, a ratepayer has served an application under paragraph (4) on the billing authority concerned (“the existing application”);

(b) paragraph (8) applies as regards the existing application;

(c) the ratepayer has not served on the billing authority concerned an application under paragraph (4) as regards the hereditament and the subsequent relevant valuation period concerned; and

(d) on the first day of the subsequent relevant valuation period concerned the conditions in paragraphs (2), (3) and (5) of this article are fulfilled as regards the hereditament and the ratepayer,

the existing application, in addition to its effect as regards the first valuation period and the new valuation period, shall be treated as also having effect as an application under paragraph (4) served by the ratepayer in respect of the hereditament and the subsequent valuation period concerned; and the other provisions of this Order shall be construed accordingly.

(10) In paragraph (9) “subsequent relevant valuation period” means a valuation period beginning at any time after the end of the new valuation period, so long as on the first day of—

(a) the valuation period concerned; and

(b) each valuation period falling between the end of the new valuation period and the beginning of the valuation period concerned (if any),

such conditions as apply on that first day by virtue of this article are fulfilled as regards the hereditament and the ratepayer. ” .

Amount of E

4. In article 6—

(a) for “£5,000”, in each place, substitute “£6,000”;

(b) for “£10,000”, in each place, substitute “£12,000”; and

(c) in paragraph (1)(b), for “10,000” substitute “12,000”.

Form of application

5. For the Schedule substitute—

Article 4

“ SCHEDULE FORM OF APPLICATION

”