The Central Rating Lists Regulations 1994

Made: 7th December 1994

Laid before Parliament: 9th December 1994

Coming into force: 30th December 1994

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 53(1), (2), (4) and (5), 140(4) and 143(1) and (2) of the Local Government Finance Act 1988¹, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Central Rating Lists Regulations 1994 and shall come into force on 30th December 1994.

• (2) In these Regulations—

• “the 1989 Regulations” means the Central Rating Lists Regulations 1989²; and

• “designated person” in relation to a central non-domestic rating list compiled on or after 1st April 1995 means a person designated by regulation 5(1) of these Regulations and in relation to a central non-domestic rating list compiled on 1st April 1990 means a person designated by regulation 2 of the 1989 Regulations.

• (3) Any reference in these Regulations to a hereditament is to a relevant non- domestic hereditament.

• (4) Any reference in these Regulations to a designated person by name is a reference to the company or body registered by or bearing that name at the date that name is entered in the central non-domestic rating list for England or for Wales, as the case may be.

• (5) Any term used in the Schedule to these Regulations or any Part of the Schedule has the meaning ascribed in that Schedule or that Part.

Application of the Regulations

2

• (1) Other than regulations 3 and 4, these Regulations shall have effect with respect to any central non-domestic rating list compiled on or after 1st April 1995.

• (2) Regulations 3 and 4 shall have effect with respect to the central non-domestic rating list for England compiled on 1st April 1990.

Amendments to the 1989 Regulations: water undertakers

3

With effect from 31st March 1994—

• (a) the designated person in respect of the description of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to East Anglian Water Company shall be Essex Water Company;

• (b) the designated person in respect of the descriptions of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to Colne Valley Water Company and Rickmansworth Water Company shall be Lee Valley Water Company; and

• (c) Part 6 (Water Supply Hereditaments) of the Schedule to the 1989 Regulations shall be amended in the column headed “Designated person” under the heading “II.PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND” by the deletion of “Colne Valley Water Company”, “East Anglian Water Company” and “Rickmansworth Water Company”.

Further amendments to the 1989 Regulations: water undertakers

4

With effect from 1st July 1994—

• (a) the designated person in respect of the descriptions of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to Bournemouth and District Water Company and West Hampshire Water Company shall be Bournemouth and West Hampshire Water Plc; and

• (b) Part 6 (Water Supply Hereditaments) of the Schedule to the 1989 Regulations shall be amended in the column headed “Designated person” under the heading “II.PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND” by the deletion of Bournemouth and District Water Company and West Hampshire Water Company.

Designation of persons and description of hereditaments

5

• (1) For the purposes of section 53(1) of the Local Government Finance Act 1988—

• (a) there are hereby designated the persons named in the Schedule; and

• (b) there is hereby prescribed in relation to each such person the description of hereditament set out opposite the name of that person in the Schedule.

• (2) Regulation 6 of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989³ (cross-boundary hereditaments) shall not apply to any hereditament falling within any description in the Schedule.

Content of central rating lists

6

• (1) The central non-domestic rating list for England must show, for each day in each year for which that list is in force—

• (a) the name of each person designated by regulation 5; and

• (b) against each name, each hereditament situated in England which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within the description prescribed in relation to that person by that regulation.

• (2) The central non-domestic rating list for Wales must show, for each day in each year for which that list is in force—

• (a) the name of each person designated by regulation 5 and named in Part 1 or 3 of the Schedule, under the heading I of Part 2, 6 or 7 or under the heading II of Part 4 or 5, and

• (b) against each name, each hereditament situated in Wales which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within the description prescribed in relation to that person by that regulation.

7

• (1) Each central list shall also show, against the name of each designated person—

• (a) where the person is a registered company, its registered office, and in any other case the person’s principal place of business within the United Kingdom;

• (b) where the person is a registered company, its registered number; and

• (c) the first day, if later than 1st April 1995, for which the rateable value shown in the list against the name of the designated person has effect.

• (2) Each central list shall also show, where the list has been altered in pursuance of a direction by a tribunal, the name of the tribunal which gave the direction.

Revocations and savings

8

• (1) Subject to paragraph (2), there are hereby revoked with effect from 1st April 1995 the following—

• (a) the Central Rating Lists Regulations 1989⁴;

• (b) the Central Rating Lists (Amendment) Regulations 1990⁵;

• (c) the Central Rating Lists (Amendment) (No. 2) Regulations 1990⁶;

• (d) regulation 3 of the Non-Domestic Rating (Alteration of Central Lists) (Amendment) Regulations 1991⁷;

• (e) the Central Rating Lists (Amendment) Regulations 1993⁸; and

• (f) regulations 3 and 4 of these Regulations.

• (2) Without prejudice to section 16(1) of the Interpretation Act 1978⁹, the provisions mentioned in paragraph (1) shall continue to have effect on and after 1st April 1995 for the purposes of or for purposes connected with—

• (a) any alteration of a list in force immediately before 1st April 1995; or

• (b) any provision made by regulations made under section 58¹⁰ of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.

SCHEDULE

PART 1 — CANAL HEREDITAMENTS

PART 2 — ELECTRICITY SUPPLY HEREDITAMENTS

PART 3 — GAS HEREDITAMENTS

PART 4 — RAILWAY HEREDITAMENTS

PART 5 — TELECOMMUNICATIONS HEREDITAMENTS

PART 6 — WATER SUPPLY HEREDITAMENTS

PART 7 — LONG-DISTANCE PIPE-LINES

PART 8 — INTERPRETATION

In this Schedule—

• “office premises” means any hereditament constructed or adapted as offices or for office purposes, or used wholly or mainly for such purposes;

• “office purposes” includes the purposes of administration and clerical work and handling money; and “clerical work” includes writing, book-keeping, typing, filing, duplicating, sorting papers or information or calculating (whether by manual, mechanical or electronic means), drawing, and the editorial preparation of matter for publication;

• “operational land”, in relation to a designated person, means land which is used for the purposes of carrying on that person’s undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purposes of carrying on of statutory undertakings (within the meaning of the Town and Country Planning Act 1990¹⁶);

and any reference to hereditaments used for any purpose includes a reference to hereditaments which are unused but in relation to which it appears that when next in use they will be used for such a purpose.

Signed

Signed by authority of the Secretary of State for the Environment

David Curry — Minister of State, — Department of the Environment — 5th December 1994

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under Secretary of State, for Wales — 7th December 1994

Explanatory note

(This note is not part of the Regulations)

Under section 53(1) of the Local Government Finance Act 1988, the Secretary of State may, with a view to securing the central rating en bloc of certain hereditaments, by regulations designate a person and prescribe in relation to him one or more descriptions of non-domestic hereditament.

The Central Rating Lists Regulations 1989 designated certain persons, prescribed in relation to them certain descriptions of non-domestic hereditaments and required the names of those persons and the hereditaments falling within those descriptions to be shown in a central rating list.

The amendments to the 1989 Regulations made by regulations 3 and 4 relate to the designation of persons in relation to water supply hereditaments. The designations are amended in consequence of the fact that, with effect from 31st March 1994, Suffolk Water plc (formerly East Anglian Water Company), Colne Valley Water Company and Rickmansworth Water Company ceased to be water undertakers for the purposes of the Water Industry Act 1991 (c. 56) and, with effect from 1st July 1994, Bournemouth and District Water Company and West Hampshire Water Company also ceased to be water undertakers. By virtue of section 53(4) of the Local Government Finance Act 1988, the amendments have effect retrospectively.

Regulation 8 of these Regulations revokes the Central Rating Lists Regulations 1989 with effect from 1st April 1995 subject to certain savings.

Regulation 5 designates, with a view to securing the central rating en bloc of certain hereditaments for any year commencing on or after 1st April 1995, the persons named in the Schedule and prescribes the descriptions of hereditament shown in the Schedule against the names of those persons.

Regulation 6 requires the central rating lists for England and Wales compiled on 1st April 1995 to show the names of the designated persons and the hereditaments falling within the prescribed descriptions which are situated in England or, as the case may be, Wales and which are occupied (or, if unoccupied, owned) by those persons.

Regulation 7 requires the lists to show certain information, including information about the designated persons and the date from which a rateable value shown in the list had effect.

The Schedule is divided as follows:

Footnotes