Statutory Instrument 1989 No. 2478

The Telecommunications Industry (Rateable Values) Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 2478

RATING AND VALUATION

The Telecommunications Industry (Rateable Values) Order 1989

Approved by both Houses of Parliament

Made	22nd December 1989

Coming into force

23rd 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 Telecommunications Industry (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;


"British Telecom" means the company registered at the date of this Order by the name of British Telecommunications plc;


"Mercury" means the company registered at the date of this Order by the name of Mercury Communications Limited;


"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;


"the standard formula" means the formula T + U, where—
T, in relation to English telecommunications hereditaments occupied by British Telecom is £249,400,000 and in relation to Welsh telecommunications hereditaments so occupied is £13,190,000, and
U is the recalculation factor determined in respect of each class of hereditaments under Part V;


"telecommunications hereditaments" means non-domestic hereditaments required by virtue of Part 5 of the Schedule to the Central Rating Lists Regulations 1989^[2] to be shown in a central rating list; and "English telecommunications hereditaments" means such hereditaments so required to be shown in the central rating list for England, and "Welsh telecommunications hereditaments" means such hereditaments so required to be shown in the central rating list for Wales;


"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.

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 telecommunications 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.

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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 by, and paragraphs 2A and 2B inserted by, paragraph 38(3) to (11) of Schedule 5 to the Local Government and Housing Act 1989.

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