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Statutory Instrument 1989 No. 2477

The Railways (Rateable Values) Order 1989 Approved by both Houses of Parliament

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 2477

RATING AND VALUATION

The Railways (Rateable Values) Order 1989 Approved by both Houses of Parliament

Made22nd December 1989
Coming into force23rd December 1989

    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 140(4), 143(1) and 146(6) of and paragraph 3(2) of Schedule 6 to the Local Government Finance Act 1988[1], and of all other powers enabling them in that behalf, hereby make the following Order in the terms of a draft laid before, and approved by resolution of, each House of Parliament:—


PART I

PRELIMINARY
    Citation and commencement
        1.    This Order may be cited as the Railways (Rateable Values) Order 1989 and shall come into force on the day after the day on which it is made.
    Interpretation
        2.    In this Order—
      "the Act" means the Local Government Finance Act 1988;

      "class of hereditaments" means a class of railway hereditaments in relation to which amounts are specified in each column of the Schedule;

      "railway hereditaments" means non-domestic hereditaments required by virtue of Part 4 of the Schedule to the Central Rating Lists Regulations 1989[2] to be shown in a central rating list; and

      "English railway hereditaments" means such hereditaments as are so required to be shown in the central rating list for England; and

      "Welsh railway hereditaments" means such hereditaments as are so required to be shown in the central rating list for Wales;

      "relevant year" means any year for which a rateable value falls to be determined in accordance with this Order, and

      "relevant preceding year" means the year preceding a relevant year;

      "year" means a chargeable financial year; and any reference to hereditaments occupied by a person includes a reference to hereditaments which, if unoccupied, are owned by that person; and references to occupation shall be construed accordingly.

    Rounding of numbers
        3.    Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound—
       (a) the fraction shall be made up to one pound if it would exceed 50p, and
       (b) the fraction shall be ignored if it would be 50p or less.
    Disapplication of normal basis of valuation
        4.    In the case of railway hereditaments, paragraphs 2 to 2B of Schedule 6 to the Act[3] shall not apply, and the rateable values of such hereditaments shall be as specified in, or determined under the rules in, the following provisions of this Order.


Notes:

[1] 1988 c. 41.Paragraph 3(2) of Schedule 6 is amended by paragraph 38(13) of Schedule 5 to the Local Government and Housing Act 1989 (c. 42).

[2] S.I. 1989/2263.

[3] Paragraph 2 is amended and paragraphs 2A and 2B are inserted by paragraph 38(3) to (11) of Schedule 5 to the Local Government and Housing Act 1989.

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