The Rates Regulations (Northern Ireland) 2007

Made: 6th February 2007

Coming into operation: 27th February 2007

The Department of Finance and Personnel[^f00001], makes the following Regulations in exercise of the powers conferred by Articles 8, 34, 35 and 61 (2B) of the Rates (Northern Ireland) Order 1977[^f00002]:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Rates Regulations (Northern Ireland) 2007 and shall come into operation on the 27th February 2007.

• (2) In these Regulations—

• “the 1977 Order” means the Rates (Northern Ireland) Order 1977;

• “capital value list” has the same meaning as in Article 2(2)[^f00003] of the 1977 Order;

• “capital value rate” means a rate levied on a hereditament or part of a hereditament within the capital value list;

• “NAV list” has the same meaning as in Article 2(2)[^f00004] of the 1977 Order;

• “NAV rate” means a rate levied on a hereditament or part of a hereditament within the NAV list.

Time of making notification of district rate

2

• (1) The date in any year not later than which a district council must make the district rates for the next following year shall be the 15th February .

• (2) The period within which a district council must notify the Department under Article 8(4) of the 1977 Order of the amounts in the pound of the district rates made by the council shall be 7 days.

• (3) The notification referred to in paragraph (2) shall be in writing.

Payments to district councils on account of district rates

3

• (1) Not later than 1st March in any year each district council shall serve on the Department notice of the amounts estimated by the council under under section 3(2)(e) of the Local Government Finance Act (Northern Ireland) 2011 to be required to be raised by means of capital value and NAV rates made by the council for the next following year.

• (2) Subject to paragraphs (4), (5)(b) and (6) the Department shall each year pay to each district council sums equal to the amounts of the estimates notified to the Department under paragraph (1) in respect of that year.

• (3) The sums mentioned in paragraph (2) shall be paid by monthly instalments on the first day of each month and, subject to paragraphs (4), (5)(b) and (6), the instalments shall, as nearly as may be, be of equal amounts, except that the Department may round off the amount of any instalments other than either the first or the last to the nearest hundred pounds and adjust the amount of the first or, as the case may be, the last of the instalments accordingly.

• (4) If it appears to the Department that the amount of any estimate notified to the Department by a council under paragraph (1) in respect of any year is likely to be substantially greater than the product of a district rate to which the estimate relates in respect of that year, the Department may determine to pay the council during that year (subject to paragraphs (5)(b) and (6)) a sum equal to the amount which is estimated by the Department to be the likely product of that rate instead of the sum mentioned in paragraph (2), and any instalments under paragraph (3) which have not yet been made may be reduced accordingly.

• (5) When the amount of the product of a district rate for any year has been ascertained—

• (a) if that amount exceeds the amount paid to the council in respect of that year under paragraph (2) or as the case may be, paragraph (4), the balance shall, subject to paragraph (6), be paid by the Department to the district council;

• (b) if that amount is less than the amount so paid, the balance shall be set off against any sum which would otherwise be payable by the Department to the district council under this regulation.

• (6) The Department may defer payment of any sum under paragraphs (2) and (3) by any amount not exceeding the appropriate amount.

• (7) In paragraph (6) “appropriate amount” is an amount equal to the proportion of the product of the rate estimated under paragraph (1) or (4) for the last preceding year which is carried forward as arrears and which is for the time being outstanding as such.

• (8) Before—

• (a) making under paragraph (4), any reduction in the amount of any instalment; or

• (b) deferring, under paragraph (6), payment of any sum,

the Department shall consult the district council concerned.

Ascertainment of rate product: introductory

4

Where, under regulation 5,6 or 7 it is necessary to ascertain the amount of the product of a rate in the pound which is more or less than one penny, that amount shall be ascertained proportionately from the amount of the product of a rate of one penny in the pound.

Determination of the sums payable to a district council in respect of any year as being equal to the products of the rates made by that council for that year

5

For the purpose of determining under Article 34(1) of the 1977 Order the sums payable to a district council in respect of any year as being equal to the products of the rates made by that council for that year, the products of the rates of one penny in the pound for the district council for that year shall be ascertained in accordance with Schedule 1 or 2.

The resources element of the General Grant

6

• (1) Subject to paragraph (2), for the purpose of determining under the Local Government (Rates Support Grant) Regulations (Northern Ireland) 2011 the amount of the rates support grant which is payable to a district council for any year, the products of the rates of one penny in the pound for the district of the council for that year shall be ascertained in accordance with Schedule 1 or 2.

• (2) In determining the products of the rates of one penny in the pound for any district for that purpose—

• (a) there shall be added to the amount of the NAV gross rate income the amount of the de-rating grant which is payable to the council for that year; and

• (b) there shall be disregarded any rebate under the Social Security Administration (Northern Ireland) Act 1992[^f00007].

Expenditure limited by reference to a stated rate product

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• (1) For the purpose of any transferred provision which limits the expenditure of a district council for any purpose in any year by reference to the product of a rate of a stated amount in the pound on the rateable value of the district of the council, the product of a rate of one penny in the pound for the district shall be taken to be the amount obtained by dividing the amount estimated by the council under section 53(2)(e) of the Local Government Act (Northern Ireland) 1972 to be required to be raised by means of—

• (a) a capital value rate; or

• (b) a NAV rate,

by the appropriate divisor.

• (2) In paragraph (1) the “appropriate divisor” means—

• (a) in the case of a capital value rate made by the council for that year, the total pence in the pound in respect of hereditaments or any part of any hereditaments in the capital value list; or

• (b) in the case of a NAV rate made by the council for that year, the total pence in the pound in respect of hereditaments or any part of any hereditaments in the NAV list.

Revocations

8

• (1) Subject to paragraph (2), the Rates Regulations (Northern Ireland) 2000[^f00008] and the Rates (Amendment) Regulations (Northern Ireland) 2005[^f00009] are revoked.

• (2) The Regulations set out in paragraph (1) shall continue to apply in respect of any year ending before 1st April 2007.

SCHEDULE 1 — DETERMINATION OF THE PRODUCT OF A CAPITAL VALUE RATE OF ONE PENNY IN THE POUND

Interpretation

1

In this Schedule the definition of “capital value rate” in regulation 1 shall be construed as meaning, except in paragraph 4, capital value regional rate and capital value district rate and, in that paragraph capital value regional rate and capital value district rates.

Manner of determination

2

The product of a capital value rate of one penny in the pound in any district for any year shall be determined by deducting from the gross rate income from each hereditament or part of a hereditament in the capital value list in the district the cost of collection and the loss on collection attributable to those hereditaments or part hereditaments and dividing the remainder by the total of the pence in the pound of the capital value rates made for the year.

Gross rate income

3

In this Schedule the gross rate income for any district for any year shall be ascertained by adding together the following amounts—

• (a) the total amounts produced by calculating, from the rateable capital value of each hereditament or any part of any hereditament appearing in the capital value list in the district shown in the record kept by the Department of rates payable for that year, the gross liability of the hereditaments or any parts of any hereditaments to rates for the year; and

• (b) the total amounts by way of rates for an earlier year found during the year to be recoverable under Article 13 in respect of—

• (i) hereditaments or any parts of any hereditaments in the capital value list; or

• (ii) hereditaments or any parts of any hereditaments used for private dwelling, private storage or private garages that were included in a valuation list prior to 1st April 2007.

Cost of collection

4

• (1) For the purpose of this paragraph and paragraph 4 of Schedule 2—

• (a) the total cost of collection for any district for any year shall be the proper proportion of the total cost of collection for that year for the whole of Northern Ireland;

• (b) the total cost of collection for any district shall be determined by ascertaining the net cost of levying rates during the year including such proportion as the Department considers appropriate of—

• (i) expenses attributable in part to the matters aforesaid and in part to other matters; and

• (ii) expenses incurred by way of superannuation and of compensation for loss of office or loss of diminution of emoluments,

but not including any allowances made to owners under Articles 20 or 21;

• (c) the proper proportion for any district of the total cost of collection for any year is the proportion which the total rateable NAV of hereditaments or any parts of any hereditaments in the NAV list and the total rateable capital value of hereditaments or any parts of any hereditaments in the capital value list in the district bears to the total rateable NAV of hereditaments or any parts of any hereditaments in the NAV list and the total rateable capital value of hereditaments or any parts of any hereditaments in the capital value list in Northern Ireland; and

• (d) in making any apportionment of costs, whether between districts or between hereditaments or any parts of any hereditaments in the capital value list and hereditaments or any parts of any hereditaments in the NAV list in a district, the Department may take into account, as it considers appropriate, the changes which occurred as a result of the coming into effect of the Rates (Capital Values, etc.) (Northern Ireland) Order 2006[^f00010] and the Rates (Amendment) (Northern Ireland) Order 2006[^f00011].

• (2) For the purpose of this paragraph, when the cost of collection for any district has been ascertained the cost of collection of capital value rates for the district shall be determined in accordance with sub-paragraphs (3) and (4).

• (3) The cost of collection of capital value rates for any district for any year shall be the proper proportion of the total cost of collection for that year of rates for the district.

• (4) The proper proportion of the total cost of collection for any year is the proportion which the aggregate rateable capital values of hereditaments or any parts of any hereditaments in the capital value list in the district bears to the total rateable NAV of hereditaments or any parts of any hereditaments in the NAV list and the total rateable capital value of hereditaments or any parts of any hereditaments in the capital value list.

Loss on collection

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• (1) Subject to sub-paragraph (2), the loss on collection of capital value rates for any district for any year shall be the total amount for the year of rates written off in respect of—

• (a) hereditaments or any parts of hereditaments in the capital value list in the district; or

• (b) private garages, private storage premises or hereditaments or any parts of hereditaments used for the purposes of a private dwelling included in a valuation list before 1st April 2007 and which were in the district,

less any such amount for an earlier year found during the year to be recoverable and any other amount falling within this paragraph as it had effect immediately before the coming into operation of the Rates (Amendment) Regulations (Northern Ireland) 2009 and found during the year to be recoverable.

• (2) The total amount for the year of rates written off mentioned in sub-paragraph (1) shall, subject to sub-paragraph (3), include any allowance made under Article 20 or 21 of the 1977 Order but not any allowance made under Article 30 of that Order.

• (3) In respect of the years ending on 31st March 2009, 31st March 2010 and 31st March 2011 the total amount of rates written off mentioned in sub-paragraph (1) shall be calculated as if any allowance made under Article 21 of the 1977 Order in respect of any hereditament owned by the Northern Ireland Housing Executive was 10 per cent.

SCHEDULE 2 — DETERMINATION OF THE PRODUCT OF A NAV RATE OF ONE PENNY IN THE POUND

Interpretation

1

In this Schedule the definition of “NAV rate” in regulation 1 shall be construed as meaning, except in paragraph 4, NAV regional rate and NAV district rate and, in that paragraph, NAV regional rate and NAV district rates.

Manner of determination

2

The product of a NAV rate of one penny in the pound in any district for any year shall be determined by deducting from the gross rate income from each hereditament or any part of any hereditament in the NAV list in the district the cost of collection and the loss on collection attributable to those hereditaments or any part hereditaments and dividing the remainder by the total of the pence in the pound of the NAV rates made for that year.

Gross rate income

3

In this Schedule the gross rate income for any district for any year shall be ascertained by adding together the following amounts—

• (a) the total amounts produced by calculating, from the rateable NAV of each hereditament or any part of any hereditament in the NAV list in the district shown in the record kept by the Department of rates payable for that year, the gross liability of the hereditaments or any parts of any hereditaments to rates for the year less the total amount of any reliefs granted in respect of hereditaments under Article 31 of the 1977 Order; and

• (b) the total of amounts by way of rates for an earlier year found during the year to be recoverable under Article 13 of the 1977 Order in respect of—

• (i) hereditaments or any parts of any hereditaments in the NAV list; or

• (ii) hereditaments or any parts of any hereditaments not used for private dwelling, private storage or private garages that were included in the valuation list prior to 1st April 2007.

Cost of collection

4

• (1) When in accordance with paragraph 4(1) of Schedule 1, the cost of collection for any district has been ascertained, the cost of collection of NAV rates for the district shall be determined in accordance with sub-paragraphs (2) and (3).

• (2) The cost of collection of NAV rates for a district for any year shall be the proper proportion of the total cost of collection for that year of rates for the district.

• (3) The proper proportion of the total cost of collection for any year is the proportion which the aggregate rateable NAV of hereditaments or any parts of any hereditaments in the NAV list in the district bears to the rateable NAV of hereditaments or any parts of any hereditaments in the NAV list and the total rateable capital value of hereditaments or any parts of any hereditaments in the capital value list of the district.

Loss on collection

5

• (1) Subject to sub-paragraph (2), the loss on collection of NAV rates for any district for any year shall be the aggregate of the following amounts—

• (a) the total amount for the year of rates written off in respect of—

• (i) hereditaments or any parts of hereditaments in the NAV list in the district; or

• (ii) hereditaments or any parts of hereditaments not used for the purposes of a private dwelling or as a private garage or private storage premises included in a valuation list before 1st April 2007 and which were in the district; and

• (b) a sum equal to 25 per cent. of the total amount by which the liability of persons to pay rates for the year in respect of—

• (i) hereditaments or any parts of hereditaments in the NAV list; or

• (ii) hereditaments or any parts of hereditaments not used for the purposes of a private dwelling or as a private garage or private storage premises included in a valuation list before 1st April 2007 and which were in the district,

was reduced or repaid in accordance with Regulations made under Article 33B of the 1977 Order,

less any amount falling under sub-paragraph (a) or (b) for an earlier year found during the year to be recoverable.

• (2) The total amount for the year of rates written off mentioned in sub-paragraph (1)(a) shall, subject to sub-paragraph (3), include any allowance made under Article 20 or 21 of the 1977 Order.

• (3) In respect of the years ending on 31st March 2009, 31st March 2010 and 31st March 2011 the total amount of rates written off mentioned in sub-paragraph (1)(a) shall be calculated as if any allowance made under Article 21 of the 1977 Order in respect of any hereditament owned by the Northern Ireland Housing Executive was 10 per cent.

Signed

Sealed with the Official Seal of the Department of Finance and Personnel on 6th February 2007

Brian McClure — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

From 1st April 2007 the basis of valuation in respect of dwelling houses, private garages and private storage premises (“domestic properties”) will change from rental to capital value. The capital value of all domestic properties will be included in the capital value list. Non-domestic properties however will remain subject to rental values and will be included in the NAV list.