The Non-Domestic Rating (Deferred Payments) (Wales) Regulations 2009

Made: 31 July 2009

Laid before the National Assembly for Wales: 4 August 2009

Coming into force: 28 August 2009

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 62, 143(1) and (2) and 146(6) of, paragraph 6(5) and (6) of Schedule 8 to, and paragraphs 1 to 4 of Schedule 9 to the Local Government Finance Act 1988[^f00001], make the following Regulations:

Title, application and commencement

1

These Regulations, which apply to Wales, may be cited as the Non-Domestic Rating (Deferred Payments) (Wales) Regulations 2009 and come into force on 28 August 2009.

Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989

2

• (1) The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989[^f00002] are amended as follows.

• (2) After regulation 7B (Deferred payments: special provision in relation to financial years beginning on 1 April 2009, 2010 and 2011) insert—

(7C) Schedule 1D which contains special provision in relation to payments under demand notices relating to financial years beginning on 1 April 2009, 1 April 2010 and 1 April 2011, must have effect.

• (3) After Schedule 1C, insert Schedule 1D set out in Schedule 1 to these Regulations.

Amendment of the Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989

3

• (1) The Non-Domestic Rating (Collection and Enforcement) (Central List) Regulations 1989[^f00003] are amended as follows.

• (2) After regulation 7 (payments under demand notices: further provision) insert—

(7B) Schedule 1B, which contains special provision in relation to payments under demand notices relating to financial years beginning on 1 April 2009, 1 April 2010 and 1 April 2011, must have effect.

• (3) After Schedule 1A insert Schedule 1B set out in Schedule 2 to these Regulations.

Modification of the Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993

4

• (1) The Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993[^f00004] must apply in relation to the financial years beginning on 1 April 2010 and 1 April 2011 as if for the definition of “the relevant year” in regulation 2 (Interpretation) there were substituted—

• “the relevant year”, in relation to a notice, means the financial year to which the demand for payment made by the notice relates; but where, pursuant to regulation 4 (the requirement for demand notices) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (as modified by the Non-Domestic Rating (Deferred Payments) (Wales) Regulations 2009), the notice relates to more than one chargeable financial year “the relevant year” means the financial year beginning on 1 April 2010 or 1 April 2011 (as the case may be);

Modification of the Non-Domestic Rating Contributions (Wales) Regulations 1992

5

For the financial year beginning on 1 April 2009, regulation 6 (recalculation of provisional amounts) of the Non-Domestic Rating Contributions (Wales) Regulations 1992[^f00005] shall have effect as if there were omitted paragraphs (2)(b) and (4).

SCHEDULE 1

SCHEDULE 2

Signed

Brian Gibbons — Minister for Social Justice and Local Government, one of the Welsh Ministers — 31 July 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (“the Local Lists Regulations”) and the Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 (“the Central Lists Regulations”) to make special provision in relation to the collection of non-domestic rates payable in respect of the financial year beginning on 1 April 2009 (“the financial year 2009/10”). These Regulations also make consequential modifications to the Non-Domestic Rating Contributions (Wales) Regulations 1992 and the Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993.

The Local Lists Regulations and the Central Lists Regulations provide for annual rates liability to be discharged in instalments. However, under the existing instalment scheme the instalments are payable in the financial year to which the demand for payment relates.

These Regulations insert a new Schedule 1D into the Local Lists Regulations and a new Schedule 1B into the Central Lists Regulations to provide that where a ratepayer who is subject to non-domestic rates in respect of the financial year 2009/10 satisfies certain conditions, they can defer payment of a specified proportion of that liability to the financial years beginning on 1 April 2010 and 1 April 2011.

The conditions that must be satisfied before a ratepayer can take advantage of deferral are set out in paragraph 1 of new Schedule 1D and paragraph 1 of new Schedule 1B together with provision for the ratepayer to notify the billing authority of his wish to defer.

In relation to the Local Lists Regulations paragraphs 2 to 4 of new Schedule 1D make provision about the calculations that the billing authority must carry out in order to establish the amount that a ratepayer may defer (“the deferrable amount”) and the amount which must be paid in the financial year 2009/10 (“the non-deferrable amount”).

Paragraphs 5 to 7 make provision about payment of the non-deferrable amount. Paragraph 8 makes provision about the cessation of instalments where the ratepayer ceases to occupy the property. Paragraph 9 makes provision about the adjustment of instalments during the 2009/10 financial year where the amount payable by the ratepayer or the amount the ratepayer is eligible to defer needs to be recalculated for whatever reason.

Paragraph 10 makes provision about how the deferrable amount is to be paid in the financial years beginning on 1 April 2010 and 1 April 2011.

Paragraph 11 modifies regulation 8 of the Local Lists Regulations so that where a ratepayer fails to pay any instalment due in respect of the deferrable amount the provisions in those Regulations that deal with enforcement apply in respect of that amount.

Paragraphs 12 and 13 deal with the cessation and adjustment of instalments in the financial years beginning on 1 April 2010 and 1 April 2011.

Paragraph 14 modifies regulation 4 of the Local Lists Regulations so that where a ratepayer has deferred payment of rates under the new Schedule the billing authority may, in respect of the financial years 2010/11 and 2011/12, issue a single notice which relates to the amount payable in respect of that year and to payment of the deferrable amount.

Paragraphs 2 to 14 of new Schedule 1B to the Central Lists Regulations make equivalent provision in relation to the payment of rates in the financial year beginning on 1 April 2009/10 by ratepayers whose names appear on the central rating list.

Regulation 4 of these Regulations modifies the definition of “relevant year” in regulation 2 of the Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993 so that where a demand notice is issued under regulation 4 of the Local Lists Regulations (as modified by these Regulations), which relates to the payment of rates in respect of the financial year beginning on 1 April 2010 or 1 April 2011 and to payment of the deferrable amount, the notice need only include the information required by the Demand Notice Regulations as it relates to the financial year beginning on 1 April 2010 or 2011 (as the case may be).

Regulation 5 of these Regulations modifies regulation 6 (recalculation of provisional amounts) of the Non-Domestic Rating Contributions (Wales) Regulations 1992 (“the 1992 Regulations”) in respect of the financial year 2009/10. The 1992 Regulations make provision about the calculation of non-domestic rating contributions which billing authorities are required to make to the Welsh Ministers. The modification, which applies in relation to the financial year 2009/10, removes the financial thresholds below which a billing authority would otherwise be unable to recalculate its provisional contribution for the year. This is to enable authorities to recalculate their non-domestic rating contributions as a result of ratepayers deferring payment of rates relating to the financial year 2009/10 under these Regulations.

Footnotes

[^f00001]: 1988 c. 41. Paragraph 1 of Schedule 9 has been prospectively amended by Schedule 13 to the Tribunals, Courts and Enforcement Act 2007 (c. 15). Paragraph 2(2)(ga) was inserted by paragraph 44(2) of Schedule 5 to the Local Government and Housing Act 1989 (c. 42); paragraph 2(2)(h) was amended by paragraph 44(3) of that Schedule. 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 entry in Schedule 1 for the Local Government Finance Act 1988. 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.

[^f00002]: S.I. 1989/1058, to which there are amendments not relevant to these Regulations.

[^f00003]: S.I. 1989/2260, to which there are amendments not relevant to these Regulations.

[^f00004]: S.I. 1993/252, to which there are amendments not relevant to these Regulations.

[^f00005]: S.I. 1992/3238, to which there are amendments not relevant to these Regulations.

[^f00006]: S.I. 1990/1904, to which there are amendments not relevant to these Regulations.

[^f00007]: S.I. 1990/1904, to which there are amendments not relevant to these Regulations.