The Non-Domestic Rating (Unoccupied Property) (Amendment) (Wales) Regulations 2007 / Rheoliadau Ardrethu Annomestig (Eiddo Heb ei Feddiannu) (Diwygio) (Cymru) 2007

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

Under section 45 of the Local Government Finance Act 1988 ('the 1988 Act') non-domestic rates are payable on an unoccupied hereditament if it fulfils the conditions set out in section 45(1). Those conditions include a condition that the hereditament falls within a prescribed class.

The Non-Domestic Rating (Unoccupied Property) Regulations 1989 ('the 1989 Regulations') prescribe a class of unoccupied hereditaments on which rates are payable. The class consists of all unoccupied hereditaments to which none of the conditions in regulation 2(2) applies.

Regulation 2(2)(f) excludes from liability for non-domestic rates under section 45 of the 1988 Act all hereditaments shown in a non-domestic rating list which are qualifying industrial hereditaments.

These Regulations amend the 1989 Regulations so that with effect from 1 April 2008 only qualifying industrial hereditaments which have been unoccupied for a continuous period not exceeding six months are excluded from liability for non-domestic rates under section 45 of the 1988 Act.

Regulation 2(2)(g) excludes from liability for non-domestic rates under section 45 of the 1988 Act all hereditaments shown in a non-domestic rating list with a rateable value less than a specified amount, currently £1500. These Regulations increase that figure to £2200 for the purpose of a hereditament shown in a list compiled on or after 1 April 2008.

A regulatory impact assessment has been prepared in connection with these Regulations. A copy can be obtained at http:www.assemblywales.org/bus-home/buslegislation/bus-legislation-sub .