Statutory Instrument 1995 No. 212

The Local Government Changes for England (Non-Domestic Rating, Collection and Enforcement and Discretionary Relief) Regulations 1995

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1995 No. 212

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Changes for England (Non-Domestic Rating, Collection and Enforcement and Discretionary Relief) Regulations 1995

Made	30th January 1995

Laid before Parliament

7th February 1995

Coming into force

28th February 1995

The Secretary of State, in exercise of the powers conferred on him by sections 19(1) and (2) and 26(3) to (5) of the Local Government Act 1992^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Local Government Changes for England (Non-Domestic Rating, Collection and Enforcement and Discretionary Relief) Regulations 1995 and shall come into force on 28th February 1995.

Interpretation
    2.—(1)  In these Regulations—

"the Discretionary Relief Regulations" means the Non-Domestic Rating (Discretionary Relief) Regulations 1989^[2];


"the principal Regulations" means the Local Government Changes for England (Finance) Regulations 1994^[3];


"the 1989 Regulations" means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989^[4]; and


"relevant successor authority" means, in connection with non-domestic rates payable to the abolished authority in respect of hereditaments situated in a part of its area, the successor authority for that part.

    (2)  In these Regulations the following expressions shall have the meanings given in the principal Regulations—

"abolished authority", "the Act", "the 1988 Act", "initial year", "preceding year", "preliminary period", "the reorganisation date", "section 17 order", and "successor authority".

    (3)  In these Regulations—
 (a) any reference to a relinquishing authority is a reference to a local authority which, by virtue of a section 17 order, ceases to have functions in relation to a part of its area (referred to in these Regulations as "the transferred area") from the reorganisation date; and
 (b) any reference to an acquiring authority is a reference to an authority which, by virtue of a section 17 order, has from the reorganisation date all the functions (or would have all the functions but for an order under sections 21 and 22 of the Act) which prior to that date were the functions of the relinquishing authority in relation to the transferred area.

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Notes:

[1] 1992 c. 19.

[2] S.I. 1989/1059.

[3] S.I. 1994/2825.

[4] S.I. 1989/1058. Relevant amendments to the Non-Domestic Rating (Collection and Enforcement) Regulations 1989 were made by the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (S.I. 1990 No. 145), the Community Charges and Non-Domestic Rating (Miscellaneous Provisions) Regulatons 1992 (S.I. 1992 No. 474), the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1992 (S.I. 1992 No. 1512), the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provisions) Regulations 1993 (S.I. 1993 No. 774) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1993 (S.I. 1993 No. 1493).

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