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Statutory Instrument 1990 No. 776

The Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1990 No. 776

LOCAL GOVERNMENT, ENGLAND AND WALES

HOUSING, ENGLAND AND WALES

LANDLORD AND TENANT, ENGLAND AND WALES

RATING AND VALUATION

The Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990

Made29th March 1990
Laid before Parliament29th March 1990
Coming into force1st April 1990

    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 upon them by sections 140(4), 147(1) and (2) of the Local Government Finance Act 1988[1], section 194(2) of the Local Government and Housing Act 1989[2], and of all other powers enabling them in that behalf, hereby make the following Order:
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990 and shall come into force on 1st April 1990.

        (2)  In this Order "the 1967 Act" means the General Rate Act 1967[3].
    Application of the Order
        2.—(1)  The provisions of this Order apply only to so much of the provisions of enactments and instruments referred to herein as extend or apply to England or Wales.

        (2)  Nothing in this Order shall prejudice the effect of any regulations under section 117(8) of the Local Government Finance Act 1988 or order under section 147 of that Act or regulations under section 149 of the Local Government and Housing Act 1989 made before the making of this Order.
    Repeals, revocations and savings
        3.—(1)  Subject to paragraphs (2) and (3), the enactments and instruments mentioned in column (1) of Schedule 1 to this Order are hereby repealed and revoked to the extent mentioned in column (2).

        (2)  Without prejudice to section 16 of the Interpretation Act 1978[4], nothing in paragraph (1) shall have effect in relation to the operation on and after 1st April 1990 of the enactments mentioned in Schedule 1 for the purposes of, or for purposes connected with-
       (a) any rate made, or precept issued, under the 1967 Act in respect of any period ending before 1st April 1990;
       (b) any liability for rates in respect of any such period;
       (c) the alteration of any valuation list in force immediately before 1st April 1990 pursuant to a proposal made before that date but to which effect had not been given immediately before that date.

        (3)  The repeal of section 133 of the Lands Clauses Consolidation Act 1845[5], section 2(7) of the Rating and Valuation Act 1925[6] and section 27 of the Compulsory Purchase Act 1965[7] shall not affect any liability (whenever incurred) to make good a deficiency arising in respect of any period ending before 1st April 1990.
    Amendments relating to the jurisdiction of county courts
        4.—(1)  In the following enactments, and in any other enactment relating to the jurisdiction of county courts, references to net annual value for rating or rateable value shall be construed as references to a sum equivalent to the last such value of the property concerned immediately before 1st April 1990:
       (a) the Tithe Act 1891[8];
       (b) sections 3(7), 30(2), 49(4), 66(4), 146 and 147(5) of, and Schedule 1 to, the Law of Property Act 1925[9];
       (c) section 113 of the Settled Land Act 1925[10];
       (d) sections 43A, 53 and 63 of the Landlord and Tenant Act 1954[11];
       (e) section 1 of the Land Charges Act 1972[12];
       (f) section 1 of the Matrimonial Homes Act 1983[13];
       (g) sections 21, 22 and 139 of, and Schedule 1 to, the County Courts Act 1984[14]; and
       (h) paragraph 6(5) of Schedule 18 to the Housing Act 1985[15].

        (2)  In enactments to which paragraph (1) applies, references to the net annual value for rating or rateable value of a property which did not have such a value immediately before 1st April 1990 shall be construed as references to-
       (a) the rateable value immediately before that date of a hereditament of which the property concerned forms or formed part; or
       (b) where there is no such hereditament, or where it had no such value, the value by the year of the property concerned at the time when the relevant proceedings are commenced.

    Certification of rateable value for certain housing purposes
        5.—(1)  This article applies for the purposes of the application of the enactments referred to in paragraph (2) in relation to a house, premises or other property-
       (a) in respect of which a tenancy was entered into before 1st April 1990; and
       (b) which was capable of beneficial occupation immediately before that date; and
       (c) in respect of which the requirements of paragraph (3) or (4) are satisfied.

        (2)  The enactments referred to in paragraph (1) are-
       (a) section 186 of the Local Government and Housing Act 1989[16];
       (b) Part I of the Housing Act 1988[17];
       (c) the Rent Act 1977[18];
       (d) the Rent (Agriculture) Act 1976[19];
       (e) the Leasehold Reform Act 1967[20];
       (f) Part I of the Landlord and Tenant Act 1954[21];
       (g) Part II of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951[22].

        (3)  The requirements of this paragraph are that-
       (a) immediately before 1st April 1990, no rateable value was assigned to the property for the purposes of the 1967 Act; and
       (b) no proposal to enter the property in a valuation list maintained for the purposes of that Act immediately before 1st April 1990 was outstanding at that time.

        (4)  The requirements of this paragraph are that-
       (a) an entry appeared in a valuation list in force immediately before 1st April 1990; and
       (b) structural alterations were completed between the date on which that entry was made and 1st April 1990; and
       (c) immediately before 1st April 1990, no proposal was outstanding in respect of the alteration of that entry consequent upon the completion of the alterations.

        (5)  On the application of the landlord or the tenant of property to which this article applies, the valuation officer shall certify the amount which, but for the repeal of the 1967 Act, he would, in accordance with section 69(2) of that Act, have proposed-
       (a) where the requirements of paragraph (3) are satisfied, as the amount to be entered in a valuation list maintained immediately before 1st April 1990 for the purposes of that Act as the rateable value of the property in question; or
       (b) where the requirements of paragraph (4) are satisfied, by way of alteration of the valuation list.

        (6)  An application under paragraph (5) shall be accompanied by particulars of the name and address of the person (other than the applicant) who is then the landlord or, as the case may be, the tenant of the property and of any other person who is known to the applicant to have an interest in the property.

        (7)  Before providing the certificate referred to in paragraph (5) the valuation officer shall-
       (a) give not less than four weeks' notice in writing to the applicant and to every person whose name and address have been provided as mentioned in paragraph (6) of the amount that he proposes to certify;
       (b) consider the representations (if any) made to him within the period of four weeks beginning on the date on which the notice was given.

        (8)  The amount specified in any certificate issued in accordance with paragraph (5) shall be treated, for the purposes mentioned in paragraph (1), as the amount entered in a valuation list in force immediately before 1st April 1990 as the rateable value of the property in question.

        (9)  For the purposes of paragraphs (5) and (6)-
       (a) "tenant" includes a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976; and
       (b) "landlord", in relation to a statutory tenant, means the person who, apart from the statutory tenancy, would be entitled to possession of the property.

    Amendment of the Housing Act 1985
        6.    Sections 469(2) and (3), 492(2) and 498C(1) of the Housing Act 1985[23] shall have effect, as respects applications on or after 1st April 1990, as if references to the date of the application were references to 31st March 1990.
    Consequential amendments of the General Rate Act 1967
        7.    The provisions of the 1967 Act mentioned in column (1) of Schedule 2 are amended as mentioned in column (2).
    Other consequential amendments
        8.    The provisions mentioned in Schedule 3 are hereby amended as so mentioned.



Chris Patten

Secretary of State for the Environment

29th March 1990
Signed by authority of the Secretary of State for Wales

Ian Grist

Parliamentary Under Secretary of State, Welsh Office

27th March 1990




Notes:

[1] 1988 c. 41.

[2] 1989 c. 42.

[3] 1967 c. 9.

[4] 1978 c. 30.

[5] 1845 c. 18.

[6] 1925 c. 90.

[7] 1965 c. 56.

[8] 1891 c. 8.

[9] 1925 c. 20.

[10] 1925 c. 18.

[11] 1954 c. 56.

[12] 1972 c. 61.

[13] 1983 c. 19.

[14] 1984 c. 28.

[15] 1985 c. 68.

[16] 1989 c. 42.

[17] 1988 c. 50.

[18] 1977 c. 42.

[19] 1976 c. 80.

[20] 1967 c. 88.

[21] 1954 c. 56.

[22] 1951 c. 65.

[23] 1985 c. 68; section 498C(1) was inserted by the Housing and Planning Act 1986 (c. 63), Schedule 3, paragraph 6.

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