Statutory Instruments
2016 No. 777
Rating And Valuation, England
The Non-Domestic Rating (Miscellaneous Provisions) (No. 2) Regulations 1989 (Amendment) (England) Regulations 2016
Made
19th July 2016
Laid before Parliament
21st July 2016
Coming into force
1st September 2016
The Secretary of State, in exercise of the powers conferred by section 143(1) and (2) of, and paragraph 2(8) of Schedule 6 to, the Local Government Finance Act 1988( 1 ), makes the following Regulations.
Citation and commencement
1. —(1) These Regulations may be cited as the Non-Domestic Rating (Miscellaneous Provisions) (No. 2) Regulations 1989 (Amendment) (England) Regulations 2016.
(2) These Regulations come into force on 1st September 2016.
Application
2. These Regulations apply in relation to England only.
Valuation on the contractor’s basis
3. —(1)Regulation 2 of the Non-Domestic Rating (Miscellaneous Provisions) (No. 2) Regulations 1989( 2 ) is amended as follows.
(2) In paragraph (1C)( 3 ), for “on or after 1st April 2005” substitute “on 1st April 2005 or 1st April 2010”.
(3) After paragraph (1E)( 4 ) insert—
“ (1F) Paragraph (2F) of this regulation applies in relation to a hereditament shown in a non-domestic rating list compiled for a billing authority in England on or after 1st April 2017 the rateable value of which is being ascertained using the contractor’s basis of valuation. ” .
(4) After paragraph (2E)( 5 ) insert—
“ (2F) In applying paragraph 2(1) to (7) of Schedule 6 to the Act in circumstances where paragraph (1F) of this regulation applies, the appropriate rate is assumed to be—
(a) in the case of a defence hereditament, an educational hereditament or a healthcare hereditament, 2.6%; and
(b) in any other case, 4.4%. ” .
Signed by authority of the Secretary of State for Communities and Local Government
Marcus Jones
Parliamentary Under Secretary of State
Department for Communities and Local Government
19th July 2016
1988 c. 41 . See section 146(6) for the meaning of “prescribed”. Paragraph 2(8) of Schedule 6 was amended by paragraph 38(8) of Schedule 5 to the Local Government and Housing Act 1989 (c. 42) . These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of 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 to that Order. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32) , they were transferred to the Welsh Ministers.
S.I. 1989/2303 . Regulation 2 was amended in relation to England by S.I. 1993/544 , 1994/3122 , 2000/532 and 2004/1494 ; it was amended in relation to Wales by S.I. 2015/1759 (W. 243) . There are other amending instruments none of which is relevant.
Paragraph (1C) was inserted in relation to England by S.I. 2004/1494 .
Paragraph (1E) was inserted in relation to Wales by S.I. 2015/1759 (W. 243) .
Paragraph (2E) was inserted in relation to Wales by S.I. 2015/1759 (W. 243) .