The Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993

law://uk/uksi/1993/252@2026-11-12

Contents

1Citation, commencement and application#

These Regulations may be cited as the Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993 and shall come into force on 15th February 1993. They apply in relation to demand notices issued by Welsh billing authorities only with respect to financial years beginning on or after 1st April 1993.

2Interpretation#

In these Regulations—• “the 1988 Act” means the Local Government Finance Act 1988;• “the 1992 Act” means the Local Government Finance Act 1992;• “the Collection Regulations” means the Non-Domestic Rating (Collection and Enforcement)(Local Lists) Regulations 1989;• “billing authority” means a Welsh billing authority;• “demand notice” means a demand notice within the meaning of Part II of the Collection Regulations which is served by a billing authority (including such a notice served pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (joint owners and occupiers));• “local precepting authority”, in relation to a billing authority, means a community council which has power to issue a precept to the billing authority;• “the major precepting authority”, in relation to a billing authority, means the county council which has power to issue a precept to the billing authority; and• “the relevant year” in relation to a demand notice, means the financial year to which the demand for payment made by the notice relates.

3Content of demand notices#

(1)A demand notice shall contain the matters mentioned in Schedule 1.

(2)Nothing in this regulation requires a notice to be given on a single sheet of paper, but if more than one sheet is used, the sheets shall be issued together, whether or not attached, so as to comprise one notice.

4Language of demand notices and provision of translations#

(1)If it appears requisite to a billing authority that a demand notice should be served in Welsh and in English, instead of in English or in Welsh, it shall be so served.

(2)If it appears requisite to a billing authority, it shall provide a Welsh translation of a demand notice served in English.

(3)If it appears requisite to a billing authority, it shall provide an English translation of a demand notice served in Welsh.

5Invalid demand notices#

(1)Where—

(a)a demand notice is invalid because it does not comply with regulation 3(1),

(b)the failure so to comply was due to a mistake, and

(c)the amounts required to be paid under the notice were demanded in accordance with Part II of the Collection Regulations,

the requirments to pay those amounts shall apply as if the notice were valid.

(2)Where a requirement to pay an amount under an invalid notice subsists by virtue of paragraph (1), the billing authority shall as soon as practicable after the mistake is discovered issue to the ratepayer concerned a statement of the matters which were not contained in the notice and which should have been so contained.

6Provision of explanatory information with demand notices#

(1)When a billing authority serves a demand notice in Welsh and English, it must supply to the person on whom the notice is served explanatory information in the form of words prescribed in Parts I and II of Schedule 2.

(2)When a billing authority serves a demand notice in English, it must supply to the person on whom the notice is served explanatory information in the form of words prescribed in Part I of Schedule 2.

(3)When a billing authority serves a demand notice in Welsh, it must supply to the person on whom the notice is served explanatory information in the form of words prescribed in Part II of Schedule 2.

7Provision of explanatory information with translations of demand notices#

(1)When a billing authority provides a person with a Welsh translation of a demand notice, the authority shall also provide that person with explanatory information in the form of words prescribed in Part II of Schedule 2.

(2)When a billing authority provides a person with an English translation of a demand notice, the authority shall also provide that person with explanatory information in the form of words prescribed in Part I of Schedule 2.

8Demand notices: financial and other information#

(1)A billing authority must when it serves a demand notice supply to the person on whom the notice is served the information mentioned in Part I of Schedule 3; and Part II of Schedule 3 (interpretation, etc.) shall have effect for the purposes of that Part I.

(2)Paragraph (1) does not apply when a demand notice is served after the end of the relevant year.

(3)If it appears requisite to a billing authority when it serves a demand notice that the information mentioned in Part I of Schedule 3 should be supplied in English and in Welsh, instead of in English or in Welsh, it shall be so supplied.

9Supply of information by major precepting authorities#

(1)In order that a billing authority may fulfil its obligations under regulations 3 and 8, the major precepting authority shall, subject to paragraphs (3) to (5), when it issues a precept to a billing authority for a financial year, supply the billing authority with the information specified in paragraph (2).

(2)The information is information, as regards the major precepting authority and the precept concerned, as to—

(a)the estimates mentioned in paragraphs 1, 2, 4, 5, 6, 10 and 11 of Part I of Schedule 3; and

(b)the matters mentioned in paragraphs 3, 7, 8, 9 and 12 of Part I of Schedule 3.

(3)Information need not be supplied as regards the issue of a precept for a financial year beginning on or after 1st April 1994 insofar as that information would be repetitive of information given as regards a precept issued for the preceding financial year.

(4)Information need not be supplied when a substitute precept is issued to a billing authority if it is not one which would require the billing authority to set a substitute amount or amounts under section 31 of the 1992 Act; but if in such a case the billing authority subsequently notifies the major precepting authority that it has set or proposes to set an amount or amounts for its council tax by reference to the substitute precept, the major precepting authority shall (subject to paragraphs (3) and (5)) supply that information as regards the substitute precept as soon as practicable after that notification is given.

(5)Information need not be supplied as regards the issue of a substitute precept for a financial year insofar as it would be repetitive of information given in respect of the preceding financial year on the occasion of the issue of the earlier precept for the first-mentioned financial year.

10Supply of information by major precepting authorities: transitional provision#

(1)Subject to paragraph (2), where a precept has been issued before the day on which these Regulations come into force (“the relevant day”), the information which would have been supplied to a billing authority under regulation 9 if these Regulations were then in force shall be supplied within 7 days of the relevant day.

(2)Information need not be supplied under paragraph (1) on or after the relevant day if it was supplied voluntarily before that day.

Schedule 1 · Matters to be contained in rate demand notices

(1)A statement of the address and description of each hereditament to which the demand notice relates (“relevant hereditament”).

(2)A statement of the rateable value shown for each relevant hereditament in the authority’s local non-domestic rating list.

(3)A statement of the non-domestic rating multiplier calculated for the relevant year in accordance with paragraph 3 or, as the case may be, paragraph 4 of Part I of Schedule 7 to the 1988 Act.

(4)A statement of the days (if any) on which, for the purposes of calculating the payments required to be made under the demand notice, it was understood or assumed that the conditions mentioned in section 45(1) of the 1988 Act were or would be fulfilled in relation to any relevant hereditament, and a statement that as regards those days the chargeable amount is one half of that which it would be if the ratepayer were in occupation of the hereditament.

(5)A statement of the days (if any) on which, for the purposes of calculating the payments required to be made under the demand notice, it was understood or assumed that—

(a)the chargeable amount would fall to be calculated under section 43(5) or 45(5) of the 1988 Act,

(b)the chargeable amount would fall to be calculated under section 43(4) or (5) or 45(4) or (5) of the 1988 Act as modified by paragraph 9 of Schedule 7A to that Act, or by regulation 3 of the Non-Domestic Rating (Transitional Period) Regulations 1990, or

(c)the chargeable amount would fall to be calculated by reference to section 44(2) and (2A) of the 1988 Act as substituted by section 44A(7) or (9) of that Act , or

(d)rules under section 47(1)(a) or 58(3)(a) of the 1988 Act would apply;

together with a statement of the manner in which the chargeable amount for those days was calculated and of the amount by which the aggregate amount demanded under the demand notice is reduced as compared with the amount which would have been demanded if section 43(4), without modification, and (so far as is relevant) section 44(2) without substitution, or (as the case may be) section 45(4), applied to the calculation of the chargeable amount for those days.

Schedule 2 · Explanatory information for supply with rate demand notices

Part I

(1)The form of words set out below is prescribed for the purposes of regulations 6 and 7—

(2)Italics in paragraph 1 above indicate words to be inserted.

Part II

Schedule 3 · Financial and other information

Part I · Information for supply with non-domestic rate demand notices

(1)The estimate of the billing authority and of the major precepting authority, of the aggregate of its gross expenditure for the relevant year for all services administered by it.

(2)The estimates of the billing authority and of the major precepting authority of the allowance appropriate for contingencies and the contributions to or from financial reserves for the relevant year.

(3)A statement of the amount calculated—

(a)by the billing authority under section 32(4) of the 1992 Act, and

(b)by the major precepting authority under section 43(4) of the 1992 Act,

as its budget requirment for the relevant year.

(4)The estimate of the billing authority and of the major precepting authority of the amount of its financial reserves at the end of the relevant year.

(5)The estimate of the billing authority and of the major precepting authority of its capital expenditure to be incurred in the relevant year.

(6)The estimates of the billing authority and of the major precepting authority of the sums to be payable to it for the relevant year by way of—

(a)revenue support grant (or, if the amount of such grant falls to be adjusted following the approval by resolution of the House of Commons of an amending report under section 84A of the 1988 Act, the amount which would be so payable but for that report);

(b)additional grant ; and

(c)redistributed non-domestic rates .

(7)A statement of the standard spending assessments for the billing authority and the major precepting authority for the relevant year.

(8)A statement—

(a)of the amount of the precept (if any) issued for the relevant year by each local precepting authority;

(b)where a precept has been anticipated by the billing authority pursuant to regulations under section 41(3) of the 1992 Act, of the amount so anticipated for the relevant year; and

(c)where a body has issued a levy or special levy to the billing authority or to the major precepting authority that was taken into account for the relevant year—

(i)by the billing authority in making its estimate under section 32(2)(a) of the 1992 Act, or

(ii)by the major precepting authority in making its estimate under section 43(2)(a) of the 1992 Act,

(as the case may be), of the amount of the levy or special levy together with information as to whether any of it was treated as special expenses of the authority.

(9)A statement of the amount calculated for the relevant year by the billing authority and the major precepting authority as the amount of the difference (whether positive or negative) between—

(a)the amount of its budget requirement for that year; and

(b)the amount calculated by it for that year as the amount for item P in section 33(1) or, as the case may be, section 44(1) of the 1992 Act.

(10)The estimate of the billing authority and of the major precepting authority, of the aggregate of its gross expenditure for the preceding year for all services administered by it.

(11)The estimate of the billing authority and of the major precepting authority of the amount of its financial reserves at the end of the preceding year.

(12)A statement—

(a)of the amount of the precept (if any) issued for the preceding year by each local precepting authority;

(b)where a body has issued a levy or a special levy to the billing authority or to the major precepting authority that was taken into account for the preceding year—

(i)by the billing authority in making its estimate under section 32(2)(a) of the 1992 Act, or

(ii)by the major precepting authority in making its estimate under section 43(2)(a) of the 1992 Act,

(as the case may be), of the amount of the levy or special levy.

Part II · Interpretation, etc.

Contains public sector information licensed under the Open Government Licence v3.0.

The Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993

The Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993

1Citation, commencement and application#

2Interpretation#

3Content of demand notices#

4Language of demand notices and provision of translations#

5Invalid demand notices#

6Provision of explanatory information with demand notices#

7Provision of explanatory information with translations of demand notices#

8Demand notices: financial and other information#

9Supply of information by major precepting authorities#

10Supply of information by major precepting authorities: transitional provision#

Schedule 1 · Matters to be contained in rate demand notices

Schedule 2 · Explanatory information for supply with rate demand notices

Part I

Part II

Schedule 3 · Financial and other information

Part I · Information for supply with non-domestic rate demand notices

Part II · Interpretation, etc.

Defined terms · 5

Connections

History · 1 version

Key facts

1Citation, commencement and application#

2Interpretation#

3Content of demand notices#

4Language of demand notices and provision of translations#

5Invalid demand notices#

6Provision of explanatory information with demand notices#

7Provision of explanatory information with translations of demand notices#

8Demand notices: financial and other information#

9Supply of information by major precepting authorities#

10Supply of information by major precepting authorities: transitional provision#

Schedule 1 · Matters to be contained in rate demand notices

Schedule 2 · Explanatory information for supply with rate demand notices

Part I

Part II

Schedule 3 · Financial and other information

Part I · Information for supply with non-domestic rate demand notices

Part II · Interpretation, etc.