type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Visiting Forces and International Headquarters (Application of Law) (Amendment) Order 1994 and shall come into force on 1st July 1994.
Amendment of 1965 Order
2
In article 3(4) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 (which applies that Order to the headquarters and defence organisation mentioned therein) —
a
the words “The Headquarters of the Allied Commander in Chief Channel ( CINCHAN )” and the words “The Headquarters of the Commander in Chief of UK Air Forces ( CINCUKAIR )” shall be deleted;
b
at the end there shall be added the following entries —
The Headquarters of the Commander in Chief Allied Forces North Western Europe ( HQ CINCAFNORTHWEST ).
The Headquarters of the Commander Allied Naval Forces North Western Europe ( HQ COMNAVNORTHWEST ).
The Headquarters of the Commander Allied Air Forces North Western Europe ( HQ COMAIRNORTHWEST ).
The NATO Airborne Early Warning Force Headquarters and the NATO E-3A Component.
.
N. H. Nicholls
Clerk of the Privy Council


text:
Title, extent and commencement
1
This Order may be cited as the Milk Marketing Board Scheme of Reorganisation (Further Extension of Period for Application) Order 1994, shall apply in England and Wales and shall come into force on 31st March 1994.
Interpretation
2
In this Order —
“ the Act ” means the Agriculture Act 1993;
“the Milk Marketing Board” means the board administering the Milk Marketing Scheme 1933 , being a scheme having effect under the Agricultural Marketing Act 1958 for the marketing of milk.
Further extension of period for making application under section 2 of the Act
3
The period for the making of an application under section 2 of the Act by the Milk Marketing Board is further extended to 30th June 1994.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
28th March 1994.
John Redwood
Secretary of State for Wales
28th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Brompton Hospital National Health Service Trust (Establishment) Order 1994 and shall come into force on 21st March 1994.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Brompton Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Brompton Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at the Royal Brompton National Heart and Lung Hospital, Sydney Street, Chelsea, London SW3 6NP and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non–executive directors shall be appointed from the University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Board of Governors of the Royal Brompton National Heart and Lung Hospitals shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Board of Governors of the Royal Brompton National Heart and Lung Hospitals shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non–executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub–committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Board of Governors of the Royal Brompton National Heart and Lung Hospitals.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
23rd February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and County Planning General Development (Amendment) (No. 2) Order 1994 and shall come into force on 31st October 1994.
2
In this Order “the 1988 Order ” means the Town and Country Planning General Development Order 1988 .
Notification of mineral applications
2
In article 13 of the 1988 Order (notification of mineral applications) —
a
in paragraph (1)(a), for “British Coal Corporation”, substitute “Coal Authority”;
b
in paragraph (1)(b), for “Secretary of State for Energy”, substitute “Secretary of State for Trade and Industry” ;
c
for paragraph (2), substitute —
2
In this article, “coal” means coal other than that —
a
won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal, or
b
which it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal.
.
Consultations before the grant of permission
3
In article 18 of the 1988 Order (consultations before the grant of permission) —
a
in paragraph (i) of the table, for “British Coal Corporation”, substitute “Coal Authority” in each place where it occurs;
b
omit paragraph (k) of the table.
Development ancillary to mining operations
4
In Part 19 of Schedule 2 to the 1988 Order (development ancillary to mining operations) —
a
in paragraph C.1, for “British Coal Corporation, or any lessee or licensee of theirs”, substitute “Coal Authority or any licensed operator within the meaning of section 65 of the Coal Industry Act 1994”;
b
in paragraph D.2, for the definition of “minerals”, substitute ““minerals” does not include any coal other than coal won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal or confined to the digging or carrying away of coal that it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal;”.
Coal mining development
5
In Part 20 of Schedule 2 to the 1988 Order (British Coal mining development) —
a
for the heading to Part 20 and Class A substitute —
PART 20
COAL MINING DEVELOPMENT BY THE COAL AUTHORITY AND ITS LICENSEES
Class A Permitted development
A
Development by a licensee of the Coal Authority, in a mine started before 1st July 1948, consisting of —
a
the winning and working underground of coal or coal-related minerals in a designated seam area; or
b
the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.
Conditions
A.1
Development is permitted by Class A subject to the following conditions —
a
subject to sub-paragraph (b) —
i
except in a case where there is an approved restoration scheme or mining operations have permanently ceased, the developer shall, before 31st December 1995 or before any later date which the mineral planning authority may agree in writing, apply to the mineral planning authority for approval of a restoration scheme;
ii
where there is an approved restoration scheme, reinstatement, restoration and aftercare shall be carried out in accordance with that scheme;
iii
if an approved restoration scheme does not specify the periods within which reinstatement, restoration or aftercare should be carried out, it shall be subject to conditions that —
aa
reinstatement or restoration, if any, shall be carried out before the end of the period of 24 months from either the date when the mining operations have permanently ceased or the date when any application for approval of a restoration scheme under sub-paragraph (a)(i) has been finally determined, whichever is later, and
bb
aftercare, if any, in respect of any part of a site, shall be carried out throughout the period of five years from either the date when any reinstatement or restoration in respect of that part is completed or the date when any application for approval of a restoration scheme under sub-paragraph (a)(i) has been finally determined, whichever is later;
iv
where there is no approved restoration scheme —
aa
all buildings, plant, machinery, structures or erections used at any time for or in connection with any previous coal-mining operations at that mine shall be removed from any land which is an authorised site unless the mineral planning authority have otherwise agreed in writing, and
bb
that land shall, so far as practicable, be restored to its condition before any previous coal-mining operations at that mine took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer,
before the end of the period specified in sub-paragraph (v);
v
the period referred to in sub-paragraph (iv) is —
aa
the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under sub-paragraph (a)(i) before that date, 24 months from the date when that application has been finally determined, whichever is later, or
bb
any longer period which the mineral planning authority have agreed in writing;
vi
for the purposes of sub-paragraph (a), an application for approval of a restoration scheme has been finally determined when the following conditions have been met —
aa
any proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the Town and Country Planning Act 1990, have been determined, and
bb
any time for appealing under section 78, or applying or further applying under section 288, of that Act (where there is a right to do so) has expired;
b
sub-paragraph (a) shall not apply to land in respect of which there is an extant planning permission which —
i
has been granted on an application under Part III of the Town and Country Planning Act 1990, and
ii
has been implemented.
Interpretation
A.2
For the purposes of Class A —
“a licensee of the Coal Authority” means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies;
“approved restoration scheme” means a restoration scheme which is approved when an application made under paragraph A.1(a)(i) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the mineral planning authority (with or without conditions);
“coal-related minerals” means minerals other than coal which are, or may be, won and worked by coal-mining operations;
“designated seam area” means land identified, in accordance with paragraph (a) of the definition of “seam plan”, in a seam plan which was deposited with the mineral planning authority before 30th September 1993;
“previous coal-mining operations” has the same meaning as in section 54(3) of the Coal Industry Act 1994 and references in this Class to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;
“restoration scheme” means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine;
“seam plan” means a plan or plans on a scale of not less than 1 to 25,000 showing —
land comprising the maximum extent of the coal seam or seams that can be worked from shafts or drifts existing at a mine at 13th November 1992, without further development on an authorised site other than development permitted by Class B;
any active access used in connection with the land referred to in paragraph (a) of this definition;
the National Grid lines and reference numbers shown on Ordnance Survey maps;
a typical stratigraphic column showing the approximate depths of the coal seams referred to in paragraph (a) of this definition.
;
b
in paragraphs B and C —
i
for “the British Coal Corporation, their lessees or licensees”, substitute “a licensed operator” in each place where it occurs;
ii
for “coal industry activities”, substitute “coal-mining operations” in each place where it occurs;
c
in paragraph E, for “British Coal Corporation, their lessees or licensees”, substitute “Coal Authority or a licensed operator”;
d
in paragraph F.1 —
i
for the definition of “coal industry activities”, substitute ““coal-mining operations” has the same meaning as in section 65 of the Coal Industry Act 1994 and references to any development or use in connection with coal-mining operations shall include references to development or use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;”;
ii
after the definition of “coal-mining operations”, as inserted by sub-paragraph (i), insert ““licensed operator” has the same meaning as in section 65 of the Coal Industry Act 1994;”;
e
in paragraph F.2, for “coal industry activities”, substitute “coal-mining operations” in each place where it occurs.
Waste tipping at a mine
6
In Part 21 of Schedule 2 to the 1988 Order (waste tipping at a mine) —
a
in paragraph B, for “colliery production activities”, substitute “coal-mining operations”;
b
in paragraph B.2, for the definition of “colliery production activities”, substitute ““coal-mining operations” has the same meaning as in section 65 of the Coal Industry Act 1994.”.
Transitionals and savings
7
1
Any notice which has been given for the purposes of article 13 of the 1988 Order by the British Coal Corporation before the date of the coming into force of this Order shall be treated as if it were a notice given for the purposes of that article by the Coal Authority on or after that date, and, in relation to a particular application for planning permission made before that date, the mineral planning authority are not required to notify the Coal Authority, before determining the application, if they have already notified the British Coal Corporation that that application has been made.
2
For the purposes of paragraph (i) of the table in article 18 of the 1988 Order, where an area of coal working has been notified by the British Coal Corporation to the local planning authority before the date of the coming into force of this Order, such notification shall be treated as if it had been made by the Coal Authority on or after that date, and, in relation to a particular application for planning permission made before that date, the local planning authority are not required to consult the Coal Authority if they have already consulted the British Coal Corporation.
3
a
Class A of Part 20 of Schedule 2 to the 1988 Order, as substituted by article 5(b) of this Order, shall not apply with respect to development by licensees of the British Coal Corporation, and accordingly the provisions of Class A of Part 20 of Schedule 2 to the 1988 Order shall continue to apply to such development in the form in which they were in force immediately before the date of the coming into force of this Order subject to the amendments in paragraph (3)(b) below.
b
For the purposes of paragraph (3)(a) of this article, Class A of Part 20 of Schedule 2 to the 1988 Order, in the form in which it was in force immediately before the date of the coming into force of this Order, is amended as follows —
i
in paragraph A, for “the British Coal Corporation, their lessees and licensees”, substitute “a licensee of the British Coal Corporation”;
ii
in paragraph A.2, in the definition of “coal-related minerals”, for “referred to in paragraph 1(2) of Schedule 1 to the Coal Industry Nationalisation Act 1946” , substitute “which can only be economically worked in association with the working of coal or which can only be economically brought to the surface by the use of a mine of coal;”;
iii
at the end of paragraph A.2, insert ““a licensee of the British Coal Corporation” means any person who is for the time being authorised by virtue of section 25(3) of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies”.
c
In paragraph (3)(a) “licensees of the British Coal Corporation” means persons who are for the time being authorised by virtue of section 25(3) of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
5th October 1994
John Redwood
Secretary of State for Wales
6th October 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Phoenix National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 10th February 1994.
2
In this Order —
“the Phoenix Trust” means the Phoenix National Health Service Trust;
“the Southmead Trust” means the Southmead Health Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property —
prepared by and agreed upon by the Phoenix Trust and the Southmead Trust on 27th July 1993; and
signed on behalf of both of those Trusts;
which items represent part of the property transferred to the Southmead Trust by the Southmead Health Services National Health Service Trust (Transfer of Trust Property) Order 1993 .
Transfer of trust property
2
On 10th February 1994 the trust property shall be transferred from the Southmead Trust to the Phoenix Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
13th January 1994


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) Regulations 1994 and shall come into force on 1st December 1994, except that —
a
where the next prescribed accounting period of a taxable person begins on a day after 1st December 1994 regulations 3, 4 and 6 shall not have effect in relation to him until the first day of that prescribed accounting period; and
b
where the next tax year of a taxable person begins on a day after 1st December 1994 regulation 5 shall not have effect in relation to him until the first day of that tax year.
2
In these Regulations —
“the principal Regulations ” means the Value Added Tax (General) Regulations 1985 .
3
Regulation 31 of the principal Regulations shall be amended as follows —
a
at the beginning of paragraph (1) there shall be inserted “Subject to paragraph (1A) and regulation 32 below,”; and
b
after paragraph (1) there shall be inserted the following —
1A
Notwithstanding any provision of any method approved or directed under this regulation which purports to have the contrary effect, in calculating the proportion of any input tax on goods or services used or to be used by the taxable person in making both taxable and exempt supplies which is to be treated as attributable to taxable supplies the value of any supply within regulation 30(3) above shall be excluded.
.
4
For regulation 32 of the principal Regulations there shall be substituted the following —
Attribution of input tax to foreign and specified supplies
32
1
Input tax incurred by a taxable person in any prescribed accounting period on goods imported or acquired by, or goods or services supplied to, him which are used or to be used by him in whole or in part in making —
a
supplies outside the United Kingdom which would be taxable supplies if made in the United Kingdom; or
b
supplies specified in an order under section 26(2)(c) of the Value Added Tax Act 1994 ,
shall be attributed to taxable supplies to the extent that the goods or services are so used or to be used, expressed as a proportion of the whole use or intended use.
2
Where —
a
input tax of the description in paragraph (1) above has been incurred on goods or services which are used or to be used in making both —
i
a supply within item 1 or 6 of Group 5 of Schedule 9 to the Value Added Tax Act 1994; and
ii
any other supply; and
b
the supply mentioned in sub-paragraph (a) (i) above is incidental to one or more of the taxable person’s business activities,
that input tax shall be attributed to taxable supplies in accordance with paragraph (1) above notwithstanding any provision of any method that the taxable person is required or allowed to use under this Part of these Regulations which purports to have the contrary effect.
3
For the purpose of attributing to taxable supplies any input tax of the description in paragraph (2) above it shall be deemed to be the only input tax incurred by the taxable person in the prescribed accounting period concerned.
.
5
In regulation 33A of the principal Regulations, for paragraph (1) there shall be substituted the following —
1
Where in any prescribed accounting period or in any longer period the exempt input tax of a taxable person —
a
does not amount to more than £625 per month on average; and
b
does not exceed more than one half of all of his input tax for the period concerned,
all such input tax in that period shall be treated as attributable to taxable supplies.
.
6
In regulation 36A of the principal Regulations, at the beginning of sub-paragraph (2) there shall be inserted “Subject to regulation 32 above,”.
Leonard Harris
Commissioner of Customs and Excise
King’s Beam House 22 Upper Ground London SE1 9PJ
29th November 1994


text:
1
This Order may be cited as the Education (Gwynedd Technical College and Coleg Pencraig) (Dissolution) Order 1994 and shall come into force on 1st August 1994.
2
In this Order references to Gwynedd Technical College and Coleg Pencraig are to the further education corporations respectively known by those names.
3
On 1st August 1994 Gwynedd Technical College and Coleg Pencraig shall be dissolved and all of their respective property, rights and liabilities shall be transferred to Coleg Menai (being a body corporate established for purposes which include the provision of educational facilities or services).
4
Section 26(2), (3) and (4) of the Further and Higher Education Act 1992 shall apply to any person employed immediately before 1st August 1994 by Gwynedd Technical College or Coleg Pencraig as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1994;
c
to the transferor were to Gwynedd Technical College or Coleg Pencraig (as the case may be); and
d
to the corporation were to Coleg Menai.
John Redwood
Secretary of State for Wales
28th May 1994


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2
The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended in accordance with regulations 3 and 4 below.
3
In regulation 15 (Applications for tests), for paragraph
2
there shall be substituted —
2
An applicant for such an appointment shall, when making the application, specify the category of vehicle in respect of which he desires to take the test and pay —
a
in respect of a test to be conducted between Monday and Friday (inclusive of both those days), £62; and
b
in respect of a test to be conducted on a Saturday, £80.
.
4
In regulation 18 (Requirements for tests), for paragraph (1)(b) there shall be substituted —
b
sign, on the Driving Test Report Form produced to him by the examiner before the test commences, a declaration that there is in force, in relation to the use of the vehicle provided for the purposes of the test, a policy of insurance which complies with the requirements of Part VI of the Road Traffic Act 1988;
.
5
Regulation 3 above shall not apply in the case of an application for an appointment for a test duly made before 1st April 1994, in respect of which the fees prescribed by virtue of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) Regulations 1993 apply.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
4th March 1994
We approve the making of these Regulations
Irvine Patnick
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1994


text:
Title, extent and commencement
1
These Regulations may be cited as the Sheep Annual Premium (Amendment) Regulations 1994, shall extend to Great Britain and shall come into force on 15th November 1994.
Amendments to the Sheep Annual Premium Regulations 1992
2
1
The Sheep Annual Premium Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
substitute the following definition of “the Commission Regulation” for the existing definition of that phrase —
“the Commission Regulation” means Commission Regulation ( EEC ) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
;
b
insert the following definition after the definition of “marketing year” —
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;
; and
c
substitute a semi-colon for the full-stop at the end of the definition of “producer” and insert after that definition the following definition —
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles.
.
3
In regulation 3 (application for premium) —
a
in paragraph (2), insert “subject to Article 8(1) of the Commission Regulation” before “deliver”; and
b
delete paragraph (3).
4
Insert the following regulations after regulation 3 —
Overgrazing
3A
1
Subject to paragraph (2) below, where in the year preceding the opening date for delivering applications for premium in respect of any given marketing year the competent authority forms the opinion that any parcel of land is being overgrazed that authority may notify the occupier of the maximum number of sheep which may be grazed and maintained on that parcel in that marketing year, which number shall be determined by taking account of the number of other animals likely to be grazed and maintained on the parcel concerned in the marketing year in question and having regard to such conditions as may be specified in the notification.
2
The competent authority may in the year preceding the opening date for delivering applications for premium in respect of any given marketing year issue a notification under paragraph (1) above even where there is no evidence that the parcel of land to which it relates is being overgrazed if it has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed.
3
Where the competent authority has made a notification under paragraph (1) above no premium shall be paid in respect of the marketing year for which it was issued on any number of sheep grazed and maintained in that marketing year on the land to which it relates in excess of the maximum number of sheep specified in it.
4
Where the competent authority has made a notification under paragraph (1) above and is satisfied that —
a
any condition specified in that notification has been breached; or
b
more sheep than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the marketing year for which it was issued,
it may withhold or recover on demand the whole or any part of the premium otherwise payable or as the case may be already paid to the recipient of the notification for the marketing year to which it relates.
Unsuitable supplementary feeding methods
3B
1
Where in any marketing year the applicant uses unsuitable supplementary feeding methods the competent authority may reduce or withhold the amount of premium otherwise payable to him in respect of that marketing year in accordance with paragraph (2) below.
2
Where the applicant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding marketing year the amount of premium otherwise payable to him may be reduced by 10 per cent; where the applicant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding marketing year but not in the marketing year preceding that one the amount of premium otherwise payable to him may be reduced by 20 per cent; and where the applicant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding marketing years the amount of premium otherwise payable to him may be withheld.
.
5
In the penultimate line of regulation 4 (keeping and retention of a register) substitute “4” for “3”.
6
In paragraph (5) of regulation 5 (powers of authorised officers) —
a
substitute a semi-colon for the full-stop at the end of sub-paragraph (d); and
b
insert the following sub-paragraph after that sub-paragraph —
e
inspect any land for the purpose of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it.
.
7
In regulation 7 (rate of interest) substitute “Article 14(1)” for “Article 6(5)”.
8
Delete regulation 8 (recovery of payments).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th October 1994.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th September 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
20th October 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the Royal borough of Kingston upon Thames except —
a
the roads named or described in the Schedule to this Order; and
b
so much of Richmond Park as lies within the Royal borough of Kingston upon Thames,
as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the Royal borough of Kingston upon Thames as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the Royal borough of Kingston upon Thames as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994.
2
In this Order “ the Act ” means the Education Act 1993.
2
The provisions of the Act specified in the first column of Schedule 1 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st August 1994; and, save as otherwise provided in the first column of Schedule 1, they shall come into force on that date for all purposes.
3
1
The provisions of the Act specified in the first column of Schedule 2 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st September 1994; and, save as otherwise provided in the first column of Schedule 2, they shall come into force on that date for all purposes.
2
Schedule 4 to this Order shall have effect for the purpose of making transitional provisions in connection with the provisions brought into force by this Article and Schedule 2 to this Order.
4
The provisions of the Act specified in the first column of Schedule 3 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force for all purposes on 1st December 1994.


text:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1994 and shall come into force on 1st October 1994.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
Amendments to regulation 61 (exhaust emissions)
3
1
Regulation 61 shall be amended as follows.
2
In paragraph (7), after “(7D),” there shall be inserted “(7E), (7F), (7G), (7H),”.
3
In paragraph (7D) (b) —
a
after the words “is a vehicle” there shall be inserted the words “to which neither the Type Approval for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies and”; and
b
sub-paragraph (i) shall be omitted.
4
After paragraph (7D), there shall be inserted the following paragraphs —
7E
In relation to a vehicle to which either Part IV of Schedule 1B of the Type Approval (Great Britain) Regulations or Part IV of the Type Approval for Goods Vehicles Regulations applies, item 11 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1995”.
7F
In relation to a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 11 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1995”.
7G
For the purposes of paragraph (7F) above, in relation to a vehicle (“the vehicle in question”), —
a
“specified number” is 10 per cent. of the total number of vehicles to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations applies that were both —
i
manufactured by the manufacturer of the vehicle in question; and
ii
registered under the Vehicles (Excise) Act 1971 or the Vehicles Excise and Registration Act 1994 during the period beginning with 1st October 1993 and ending with 30th September 1994;
or 50 whichever is the greater; and
b
a “relevant vehicle” is a vehicle to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations apply and which —
i
was manufactured by the manufacturer of the vehicle in question on or after 1st August 1992 and before 1st August 1994;
ii
was in the territory of an EEA State at some time before 1st October 1994;
iii
was in existence on 1st October 1994; but
iv
had not been registered under the Vehicles (Excise) Act 1971 or the Vehicles Excise and Registration Act 1994 before 1st October 1994.
7H
In paragraph (7G) above —
“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993, but until that Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein .
.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
20th August 1994


text:
1
The new highway which the Secretary of State proposes to construct, along the route described in Schedule 1 to this Order, shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road, and shall be classed as a classified road as from the date on which the Secretary of State notifies the County Council of Dyfed that the new trunk road is open for through traffic.
4
In this Order —
All measurements of distance are measured along the route of the relevant highway.
i
“the deposited plan” means the plan numbered HA10/2 WO 96 marked “The London — Fishguard Trunk Road (A40) (Whitland By–Pass) Order 1994”, signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the trunk road” means the London — Fishguard Trunk Road;
iv
“classified road” as a classification for a highway means that the highway is not a principal road for the purpose of enactments or instruments which refer to highways classified as principal roads, but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads.
5
The London — Fishguard Trunk Road (Whitland By–Pass) Order 1939 is hereby revoked except for the part described in Schedule 2 of the London — Fishguard Trunk Road (Whitland By–Pass) (Variation No. 2) Order 1977 .
6
The London — Fishguard Trunk Road (Whitland By–Pass) (Variation) Order 1965 is hereby revoked.
7
The London — Fishguard Trunk Road (Pontyfenni — Whitland Diversion) Order 1985 is hereby revoked.
8
This Order shall come into force on 6th July 1994 and may be cited as the London — Fishguard Trunk Road (A40) (Whitland By–Pass) Order 1994.
Signed by authority of the Secretary of State
P. R. Marsden
A Grade 6 Officer in the Welsh Office
Dated the 15th June 1994


text:
PART I
INTRODUCTORY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Chargeable Amounts) Regulations 1994 and shall come into force on the day after the day on which they are made.
2
In these Regulations unless the context otherwise requires: “ the Act ” means the Local Government Finance Act 1988;
“altered hereditament” has the meaning given in paragraph 1 of Schedule 1;
“appropriate valuation officer” —
with respect to a hereditament in relation to which regulations under section 53(1) of the Act (contents of central lists) are in force, means the central valuation officer;
with respect to a hereditament in relation to which no such regulations are in force, means the valuation officer maintaining the list in which the hereditament is (or, as the context requires, would be) shown;
“central list” means a list compiled and maintained in accordance with section 52 of the Act;
“creation day” has the meaning given in paragraph 2 of Schedule 2;
“defined central list hereditament” has the meaning given in regulation 18(1);
“defined class of hereditaments” has the meaning given in regulation 27(1);
“defined hereditament” has the meaning given in regulation 3;
“list”, except in the phrase “central list”, means the relevant local non-domestic rating list;
“rateable value order” as respects a class of hereditaments means an order made as respects that class under paragraph 3(2) of Schedule 6 to the Act;
“recalculation factor”, as respects a class of hereditaments, means the factor which would have applied in respect of the class of hereditaments for recalculating the rateable value in respect of that class for the relevant year beginning in 1995 if the rateable value order which applied for that class for the financial year beginning on 1 April 1994 were in force on 1 April 1995, and the provisions in that order as to annual recalculation had extended to the relevant year beginning in 1995;
“the 1990 Regulations ” means the Non-Domestic Rating (Transitional Period) Regulations 1990 ;
“relevant day” has the meaning given in regulation 2(2);
“relevant factor” means —
any matter mentioned in paragraph 2(7) of Schedule 6 to the Act , or
the extent to which a hereditament is exempt from local non-domestic rating;
“relevant year” has the meaning given in regulation 2(3);
3
References in these Regulations to the hereditament of a designated person are references to any hereditament or, as the case may be, description or class of hereditaments prescribed as respects that designated person.
The relevant period and the relevant day
2
1
The relevant period in relation to which, in accordance with section 58 of the Act, these Regulations apply is the period consisting of the financial years beginning in 1995, 1996, 1997, 1998 and 1999.
2
A relevant day is a day falling within the relevant period.
3
A relevant year is a financial year falling within the relevant period.
PART II
CHARGEABLE AMOUNTS (LOCAL LIST GENERAL)
Defined hereditament
3
1
As regards a relevant day a hereditament is a defined hereditament if —
a
the condition in paragraph (2) is fulfilled, or
b
it meets the conditions specified in paragraph 1 of Schedule 1, or
c
it meets the conditions specified in paragraph 2 of Schedule 2.
2
The condition in this paragraph is that the hereditament is shown in the list for —
a
31 March 1995,
b
the relevant day, and
c
each day (if any) falling after 31 March 1995 and before the relevant day.
Notional chargeable amount
4
1
The notional chargeable amount for a defined hereditament for a relevant year shall be found by applying the formula —
A × B
2
For the purposes of this regulation —
a
A is the rateable value shown for the hereditament for 1 April 1995 in the list, and
b
B is the non-domestic rating multiplier for the relevant year.
3
Where regulation 14 (change in rateable value change of circumstances on 1 April 1995) applies, this regulation applies subject to the modifications made in that regulation.
4
For a hereditament to which Schedule 1 (altered hereditaments) applies, paragraph 3 of that Schedule applies for finding the notional chargeable amount.
5
For a hereditament to which Schedule 2 (splits and mergers) applies, paragraph 8 of that Schedule applies for finding the notional chargeable amount.
6
For a hereditament to which Schedule 3 (class of central list hereditaments splitting from 1 April 1995) applies, paragraph 8 of that Schedule applies for finding the notional chargeable amount.
Base liability for 1995-96 for hereditament within previous transitional provisions
5
1
This regulation applies to a defined hereditament for the relevant year beginning in 1995 if paragraph 9 of Schedule 7A to the Act applied to that hereditament for 31 March 1995, and where this regulation applies the base liability for that hereditament for that year shall be found in accordance with this regulation.
2
Except where regulation 7(2) or (4) of the 1990 Regulations (changes in rateable values) applied for the hereditament for 31 March 1995, the base liability shall be found by applying the formula —
( BL × AF ) × 365
3
In a case where regulation 7(2) of the 1990 Regulations applied to the hereditament for 31 March 1995, the base liability shall be found by applying the formula —
( ( BL × AF ) + ( N - J ) × B 365 ) × 365
4
In a case where regulation 7(4) of the 1990 Regulations applied to the hereditament for 31 March 1995, the base liability shall be found by applying the formula —
( BL × AF ) × N J × 365
5
For the purposes of this regulation —
a
BL is the base liability for the hereditament for 31 March 1995 determined in accordance with paragraph 4(5) of Schedule 7A to the Act as modified, in an appropriate case, by regulation 8 (splits and mergers) of the 1990 Regulations;
b
AF is the appropriate fraction for the hereditament for 31 March 1995 determined in accordance with paragraph 5(2) of Schedule 7A to the Act;
c
B is the non-domestic rating multiplier for the financial year beginning on 1 April 1994;
d
J is the rateable value shown for the hereditament for 1 April 1990 in the list or, as the case may be, the amount treated as that amount in accordance with regulation 7(6), 8(2), (4) or (5) or 9(2) of the 1990 Regulations; and
e
N is the rateable value shown for the hereditament for 31 March 1995 in the list.
Base liability for 1995-96 for hereditament outside previous transitional provisions
6
1
This regulation applies to a defined hereditament for the relevant year beginning in 1995 if paragraph 9 of Schedule 7A did not apply to that hereditament for 31 March 1995.
2
In a case where this regulation applies to a hereditament, the base liability for that hereditament for that relevant year shall be found by applying the formula —
Y × Z
3
For the purposes of this regulation —
a
Y is the rateable value shown for the hereditament for 31 March 1995 in the list, and
b
Z is the non-domestic rating multiplier for the financial year beginning in 1994.
4
Where one or more of the following provisions apply —
a
regulation 15 (change in rateable value before 1 April 1995 not reflected by alteration of the list),
b
paragraph 2 of Schedule 1 (altered hereditaments),
c
paragraph 7 of Schedule 3 (class of central list hereditaments splitting from 1 April 1995),
this regulation applies subject to the modifications made in the regulation or paragraph concerned.
Base liability for years subsequent to 1995-96
7
1
The base liability for a defined hereditament for the relevant year beginning in 1996, 1997, 1998 or 1999 (the year concerned) shall be found by applying the formula —
( BL × AF )
2
For the purposes of this regulation —
a
BL is the base liability for the hereditament for the relevant year immediately preceding the year concerned, and
b
AF is the appropriate fraction for the hereditament for the relevant year immediately preceding the year concerned.
3
Where Schedule 2 (splits and mergers) applies, paragraphs 9 and 10 of that Schedule apply for finding the base liability.
Appropriate fraction
8
1
The appropriate fraction for a defined hereditament for a relevant year shall be found by applying the formula —
X 100 × Q
2
For the purposes of this regulation, where the notional chargeable amount for the hereditament for the relevant year exceeds the base liability for the hereditament for the year —
a
X is 110 if
i
the hereditament is situated in Greater London and the rateable value shown for it in the list for 1 April 1995 is £15,000 or more, or
ii
the hereditament is situated outside Greater London and the rateable value shown for it in the list for 1 April 1995 is £10,000 or more.
b
subject to sub-paragraph (c), X is 107.5 if
i
the hereditament is situated in Greater London and the rateable value shown for it in the list for 1 April 1995 is less than £15,000, or
ii
the hereditament is situated outside Greater London and the rateable value shown for it in the list for 1 April 1995 is less than £10,000.
c
X is 105 if
i
the hereditament is situated in Greater London, is shown in the list as a composite hereditament for 1 April 1995, and the rateable value shown for it in the list for that day is less than £15,000, or
ii
the hereditament is situated outside Greater London, is shown in the list as a composite hereditament for 1 April 1995, and the rateable value shown for it in the list for that day is less than £10,000.
3
For the purposes of this regulation, where the notional chargeable amount for the hereditament for the relevant year does not exceed the base liability for the hereditament for the year and —
a
the hereditament is situated in Greater London and the rateable value shown for it in the list for 1 April 1995 is £15,000 or more, or
b
the hereditament is situated outside Greater London and the rateable value shown for it in the list for 1 April 1995 is £10,000 or more,
then
i
for the relevant years beginning on 1 April 1995 and 1 April 1996, X is 95;
ii
for the relevant year beginning on 1 April 1997, X is 85;
iii
for the relevant years beginning on 1 April 1998 and 1999, X is 70.
4
For the purposes of this regulation, where the notional chargeable amount for the hereditament for the relevant year does not exceed the base liability for the hereditament for the year and —
a
the hereditament is situated in Greater London and the rateable value shown for it in the list for 1 April 1995 is less than £15,000, or
b
the hereditament is situated outside Greater London and the rateable value shown for it in the list for 1 April 1995 is less than £10,000,
then
i
for the relevant years beginning on 1 April 1995 and 1 April 1996, X is 90;
ii
for the relevant year beginning on 1 April 1997, X is 80;
iii
for the relevant years beginning on 1 April 1998 and 1999, X is 65.
5
For the purposes of this regulation —
a
Q is the amount found by applying the formula —
RPI ( 1 ) RPI ( 2 )
b
RPI (1) is the retail prices index for September of the financial year preceding the relevant year concerned;
c
RPI(2) is the retail prices index for September of the financial year which precedes that preceding the relevant year concerned;
d
Q shall, if not a whole number, be calculated to three decimal places only —
i
adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths, and
ii
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths.
6
Where one or more of the following provisions apply —
a
regulation 14,
b
paragraph 5 of Schedule 1,
c
paragraph 11 of Schedule 2,
this regulation applies subject to the modifications made in the regulation or paragraph concerned.
Case for which regulation 10 determines chargeable amount
9
1
Regulation 10 applies to a defined hereditament for a relevant day (the day concerned) if —
a
as regards the hereditament the day concerned is a chargeable day for which a chargeable amount would, but for these Regulations, fall to be determined under section 43 or 45 of the Act, and
b
NCA is
i
greater than BL and greater than (BL × AF), or
ii
less than BL and less than (BL × AF).
2
For the purposes of this regulation —
a
NCA is the notional chargeable amount for the hereditament for the relevant year within which the day concerned falls,
b
BL is the base liability for the hereditament for the relevant year within which the day concerned falls,
c
AF is the appropriate fraction for the hereditament for the relevant year within which the day concerned falls.
3
Where one or more of the following provisions apply —
a
regulation 11 (change in rateable value after 1 April 1995);
b
regulation 17 (partly occupied hereditament);
c
paragraph 9 of Schedule 3 (former central list hereditament),
regulation 10 applies subject to the modifications made in those provisions.
4
Regulation 10 shall not apply —
a
where regulation 12 (special authorities: special cases) applies in any year, or
b
where Schedule 2 (splits and mergers) applies to a hereditament, in the year in which the creation day falls.
5
This regulation applies, where paragraph 4 of Schedule 1 (altered hereditaments) applies, subject to the modification made in that paragraph.
Rules for determining chargeable amount
10
1
For a hereditament to which this regulation applies, the chargeable amount for a chargeable day which is a relevant day shall be found in accordance with the rules prescribed in paragraphs (2) to (7) in place of the provisions of sections 43(4) to (6), 44 and 45(4) to (6) of the Act.
2
Subject to paragraphs (4) and (6), the chargeable amount for the chargeable day shall be calculated by applying the formula —
( BL × AF ) C
3
For the purposes of this regulation —
a
C is the number of days in the year in which the relevant day falls, and
b
BL and AF have the meaning given in regulation 9(2) above.
4
Where paragraph (5) applies, the chargeable amount for a chargeable day shall be found by dividing the amount calculated in accordance with paragraph (2) by 5.
5
This paragraph applies where, on the day concerned, the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities).
6
Where paragraph (7) applies, the chargeable amount for a chargeable day shall be found by dividing the amount calculated in accordance with paragraph (2) by 2, or, in a case where section 45(6) of the Act (unoccupied hereditaments of charities) applies, by dividing it by 10.
7
This paragraph applies where, on the day concerned, the conditions in section 45(1) of the Act (unoccupied property) are fulfilled as respects the hereditament.
Change in rateable value after 1 April 1995
11
1
Paragraph (2) applies in respect of a defined hereditament in a case where regulation 10 applies where for a day after 1 April 1995 the rateable value shown in the list for the hereditament is greater than that shown for it for 1 April 1995.
2
Where this paragraph applies, regulation 10 shall have effect as regards the hereditament for the day as if the reference in that regulation to
( BL × AF ) C
were a reference to —
( BL × AF ) C + ( N - J ) × B C
3
Paragraph (4) applies in respect of a defined hereditament in a case where regulation 10 applies where for a day after 1 April 1995 the rateable value shown in the list for the hereditament is less than that shown for it for 1 April 1995.
4
Where this paragraph applies, regulation 10 shall have effect as regards the hereditament for the day as if the reference in that regulation to
( BL × AF ) C
were a reference to —
( BL × AF ) C × N J
5
For the purposes of the provisions substituted by paragraphs (2) and
4
a
B is the non-domestic rating multiplier for the relevant year in which the day falls;
b
C is the number of days in the relevant year in which the relevant day falls;
c
J is the rateable value shown for the hereditament for 1 April 1995 in the list;
d
N is the rateable value shown for the hereditament for the day in the list; and
e
BL and AF have the meanings given in regulation 9(2).
6
Where one or more of the following provisions apply —
a
regulation 14 (change in rateable value-change of circumstances on 1 April 1995),
b
paragraph 5 of Schedule 1 (altered hereditaments),
c
paragraph 11 of Schedule 2 (rateable value: hereditament split or merged after 1 April 1995),
this regulation applies subject to the modifications made in the regulation or paragraph concerned.
Special authorities: special cases
12
1
This regulation applies in relation to a defined hereditament which fulfils the conditions in regulation 9(1), and which is situated in the area of a special authority, for a relevant year for which the non-domestic rating multiplier set by the special authority is different from the non-domestic rating multiplier for the year.
2
Subject to paragraphs (4) and (6), in any relevant year where this regulation applies and D exceeds B, the chargeable amount for a chargeable day which is a relevant day for the hereditament shall, in place of the provisions of sections 43(4) to (6), 44 and 45(4) to (6) of the Act, be calculated by applying the formula —
( BL × AF ) C + ( ( D - B ) × J ) C
3
For the purposes of this regulation —
a
J is the rateable value shown for the hereditament in the list for 1 April 1995,
b
D is the non-domestic rating multiplier of the special authority concerned for the relevant year in which the chargeable day falls,
c
B is the non-domestic rating multiplier for the relevant year in which the chargeable day falls,
d
C is the number of days in the relevant year, and
e
BL and AF have the meaning they have in regulation 9(2).
4
In any relevant year where this regulation and paragraph (5) apply and D exceeds B, the chargeable amount for a chargeable day which is a relevant day for the hereditament shall be found by dividing the amount calculated in accordance with paragraph (2) by 5.
5
This paragraph applies where, on the chargeable day, the ratepayer is a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities).
6
In any relevant year where this regulation and paragraph (7) apply and D exceeds B, the chargeable amount for a chargeable day which is a relevant day for the hereditament shall be found by dividing the amount calculated in accordance with paragraph (2) by 2, or, in a case where section 45(6) of the Act (unoccupied hereditaments of charities) applies, by dividing the amount calculated in accordance with paragraph (2) by 10.
7
This paragraph applies where, on the chargeable day, the conditions in section 45(1) of the Act (unoccupied property) are fulfilled as respects the hereditament.
8
Subject to paragraphs (9) and (10) where this regulation applies and in any relevant year D is less than B, the chargeable amount for the chargeable day which is a relevant day for the hereditament shall be calculated by applying the formula —
( BL × AF ) C × D B
9
In any relevant year where this regulation and paragraph (5) apply and D is less than B, the chargeable amount for the chargeable day which is a relevant day for the hereditament shall be found by dividing the amount calculated in accordance with paragraph (8) by 5.
10
In any relevant year where this regulation and paragraph (7) apply and D is less than B, the chargeable amount for a chargeable day which is a relevant day for the hereditament shall be found by dividing the amount calculated in accordance with paragraph (8) by 2, or, in a case where section 45(6) of the Act (unoccupied hereditaments of charities) applies, by dividing the amount calculated in accordance with paragraph (8) by 10.
11
Where one or more of the following provisions apply —
a
regulation 13 (special authorities: change in rateable value after 1 April 1995),
b
regulation 16 (hereditaments losing Crown exemption),
c
regulation 17 (partly occupied hereditament),
d
paragraph 5 of Schedule 1 (altered hereditaments: change in rateable value);
e
paragraph 11 of Schedule 2 (rateable value: hereditament split or merged after 1 April 1995);
f
paragraph 9 of Schedule 3 (chargeable amount for former central list hereditament),
this regulation applies subject to the modifications made in the regulation or paragraph concerned.
12
For a hereditament to which this regulation and Schedule 2 (splits and mergers) apply, the chargeable amount for a chargeable day in the year in which the creation day falls shall be found in accordance with Schedule 2.
Special authorities: change in rateable value after 1 April 1995
13
1
Paragraph (2) applies where, for a day after 1 April 1995, the rateable value shown in the list for a defined hereditament in a case where regulation 12 applies is greater than that shown for it for 1 April 1995.
2
Where this paragraph applies, regulation 12 shall have effect as regards the hereditament for the day as if the reference to the formula —
( BL × AF ) C + ( ( D - B ) × J ) C
were a reference to the formula —
( BL × AF ) C + ( N × D ) - ( J × B ) C
and as if the reference to the formula —
( BL × AF ) C × D B
were a reference to the formula —
( ( BL × AF ) C × D B ) + ( ( N - J ) × D ) C
3
Paragraph (4) applies where for a day after 1 April 1995 the rateable value shown in the list for a defined hereditament in a case where regulation 12 applies is less than that shown for it for 1 April 1995.
4
Where this paragraph applies, regulation 12 (special authorities: special cases) shall have effect as regards the hereditament for the day as if the reference to the formula —
( BL × AF ) C + ( ( D - B ) × J ) C
were a reference to the formula —
( ( BL × AF ) C × N J ) + ( ( D - B ) × N ) C
and as if the reference to the formula —
( BL × AF ) C × D B
were a reference to the formula —
( BL × AF ) C × D B × N J
5
For the purposes of the provisions substituted in regulation 12 by paragraphs (2) and (4) —
a
B is the non-domestic rating multiplier for the relevant year in which the chargeable day falls,
b
C is the number of days in the relevant year,
c
D is the non-domestic rating multiplier of the special authority concerned for the relevant year,
d
N is the rateable value shown in the list for the hereditament for the day,
e
J is the rateable value shown in the list for the hereditament for 1 April 1995, and
f
BL and AF have the meanings given in regulation 9(2).
6
Where one or more of the following provisions apply —
a
regulation 14 (change in rateable value: change of circumstances on 1 April 1995),
b
paragraph 5 of Schedule 1 (altered hereditament: change in rateable value),
c
paragraph 11 of Schedule 2 (rateable value: hereditament split or merged after 1 April 1995),
d
paragraph 9 of Schedule 3 (chargeable amount for former central list hereditament),
this regulation applies subject to the modifications made in the regulation or paragraph concerned.
PART III
CHARGEABLE AMOUNTS (LOCAL LIST: SPECIAL CASES)
Change in rateable value change of circumstances on 1 April 1995
14
1
This regulation applies where any circumstances regarding a relevant factor taken into account in determining the rateable value shown for a defined hereditament for 1 April 1995 in the list are different from the circumstances regarding that factor existing on 31 March 1995, so that the rateable value shown for 1 April 1995 is different from that which would have been shown if the circumstances regarding that factor existing on 31 March 1995 continued to exist on 1 April 1995.
2
Where this regulation applies, the references in regulations 4 and 8 to a rateable value shown for 1 April 1995 shall be treated as references to the value certified by the appropriate valuation officer to be the rateable value which would have been shown for that day if that value had fallen to be determined as regards that factor by reference to the circumstances existing on 31 March 1995.
3
Where this regulation and regulation 10 apply, regulations 11 and 13 apply and —
a
the references in regulations 11(1), (3) and (5) and 13(1), (3) and (5) to a rateable value shown for 1 April 1995 shall be treated as references to the value certified by the appropriate valuation officer to be the rateable value which would have been shown for that day if that value had fallen to be determined as regards that factor by reference to the circumstances existing on 31 March 1995, and
b
the references in regulations 11(1) and (3) and 13(1) and (3) to the rateable value for a day after 1 April 1995 shall be treated as including a reference to the rateable value actually shown for 1 April 1995.
Change in value before 1 April 1995 not reflected by alteration to list
15
1
This regulation applies where —
a
the appropriate valuation officer has with effect from 1 April 1995 altered the list in relation to a hereditament in accordance with regulation 13(8B) of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 ;
b
the rateable value shown for that hereditament in the list for 31 March 1995 is inaccurate; and
c
had the valuation officer been aware of that inaccuracy in sufficient time to have altered the list, he would have altered the list to correct the inaccuracy.
2
Where this regulation applies, the reference to Y in regulation 6 (base liability for 1995-96 for hereditament outside previous transitional provisions) shall be treated as a reference to a value certified by the appropriate valuation officer to be the rateable value which would have been shown in the list for 31 March 1995 had the list been altered on or before that date to correct the inaccuracy referred to in paragraph (1)(b) of this regulation.
Hereditament losing Crown exemption
16
1
This regulation applies to a hereditament which becomes subject to rating under Part III of the Act for a relevant day if the following conditions are fulfilled —
a
on the immediately preceding day the hereditament was occupied or owned by or on behalf of the Crown for public purposes, and
b
a contribution fell, or if the hereditament were occupied would have fallen, to be made by the Crown in aid of non-domestic rates for that day.
2
Where this regulation applies, in the application of these Regulations on or after the relevant day —
a
any day for which, but for any rules as to Crown exemption from rating applying to the hereditament, the hereditament would have been shown in the list shall be treated as a day on which it was so shown;
b
the rateable value for a relevant day shall be the value, certified by the appropriate valuation officer, to be the rateable value which would have been shown in the list for that day but for any rules as to Crown exemption from rating applying to the hereditament;
c
any value which would have been certified by the appropriate valuation officer under these Regulations but for the exemption shall be treated as such value as is certified by the appropriate valuation officer;
d
for the purposes of regulations 5(1) and 6(1), paragraph 9 of Schedule 7A to the Act is to be treated as applying or not applying for 31 March 1995 in respect of the hereditament if, but for any rules as to Crown exemption from rating applying to the hereditament for that day, paragraph 9 of Schedule 7A to the Act would have applied or, as the case may be, would not have applied for that day;
e
for the purposes of regulation 5(2) to (4) of these Regulations, regulation 7(2) (increase in rateable value) or (4) (decrease in rateable value) of the 1990 Regulations is to be treated as applying or not applying for 31 March 1995 in respect of the hereditament if, but for any rules as to Crown exemption from rating applying to the hereditament for that day, paragraph 9 of Schedule 7A to the Act would have applied or, as the case may be, would not have applied for that day;
f
for the purposes of regulation 5, the base liability and appropriate fraction which, but for any rules as to Crown exemption from rating applying to the hereditament, would have been the base liability and appropriate fraction for the hereditament for 31 March 1995 determined as mentioned in that regulation shall be treated as being that base liability and that appropriate fraction for the hereditament.
3
For the purposes of determining, under paragraph (2)(e) above, the base liability which, but for any rules as to Crown exemption from rating applying to the hereditament, would have been the base liability for 31 March 1995, the appropriate valuation officer shall certify any value which, but for those rules, would have been required for that purpose under Schedule 7A of the Act (as modified, where appropriate, by the 1990 Regulations).
Partly occupied hereditament
17
1
As regards a relevant day and a defined hereditament in relation to which an apportionment under section 44A of the Act (partly occupied hereditaments) is applicable, any chargeable amount for the day as respects the hereditament found in accordance with regulations 10, 12 or Schedule 2 (as modified by any provision of these Regulations) shall be treated as multiplied by the factor
A P
.
2
In paragraph (1) A is the amount found under section 44(2) of the Act, as substituted by section 44A(7) or (9) (as the case may be) for the relevant day as respects the hereditament, and P is the rateable value shown for the hereditament under section 42(4) of the Act .
PART IV
CHARGEABLE AMOUNTS (CENTRAL LIST GENERAL)
Defined central list hereditament: rateable value assessed conventionally
18
1
As regards a relevant day, a hereditament is a defined central list hereditament if the first and second conditions are satisfied.
2
The first condition is that the hereditament is shown in the central list for —
a
31 March 1995;
b
the relevant day; and
c
each day (if any) falling after 31 March 1995 and before the relevant day.
3
The second condition is that, for each day referred to in paragraph (2), a rateable value, determined for the hereditament under paragraphs 2 to 2B of Schedule 6 to the Act, is included in the rateable value (as a whole) shown in the central list against the name of the designated person for the hereditaments prescribed in relation to that person.
Base liability for 1995-96 for central list hereditament outside previous transitional provisions
19
1
This regulation applies to a defined central list hereditament for the relevant year beginning in 1995 if regulation 4 of the 1990 Regulations did not apply to that hereditament for 31 March 1995.
2
In a case where this regulation applies to a hereditament, the base liability for that hereditament shall be found by applying the formula —
Y × Z
3
For the purposes of this regulation —
a
Y is the value certified by the appropriate valuation officer to be the rateable value which would have been shown for the hereditament for 31 March 1995 in the central list if that had been the only hereditament of the designated person shown in that list for that date, and
b
Z is the non-domestic rating multiplier for the financial year beginning in 1994.
Base liability for 1995-96 for central list hereditament within previous transitional provisions
20
1
This regulation applies to a defined central list hereditament for the relevant year beginning in 1995 if regulation 4 (central rating) of the 1990 Regulations applied to the hereditament for 31 March 1995.
2
Except where regulation 7(2) or (4) of the 1990 Regulations (changes in rateable values) applied for the hereditament for 31 March 1995, the base liability shall be found by applying the formula —
( BL × AF ) × 365
3
In a case where regulation 7(2) of the 1990 Regulations applied to the hereditament for 31 March 1995, the base liability shall be found by applying the formula —
( ( BL × AF ) + ( N - J ) × B 365 ) × 365
4
In a case where regulation 7(4) of the 1990 Regulations applied to the hereditament for 31 March 1995, the base liability shall be found by applying the formula —
( BL × AF ) × N J × 365
5
For the purposes of this regulation —
a
BL is the base liability for the hereditament for 31 March 1995 determined in accordance with Schedule 7A to the Act as modified by regulation 4 and, in an appropriate case, regulation 8 (splits and mergers: adjustment of relevant amounts) of the 1990 Regulations;
b
AF is the appropriate fraction for the hereditament for 31 March 1995 determined in accordance with paragraph 5(2) of Schedule 7A to the Act;
c
B is the non-domestic rating multiplier for the financial year beginning on 1 April 1994;
d
J is the value certified by the appropriate valuation officer to be the amount of the rateable value which would have been shown in the central list for the hereditament for 1 April 1990, if that had been the only hereditament of the designated person shown in that list for that day, or in a case where regulation 8(2), (4) or (5) or 9(2) of the 1990 Regulations applies, the amount which would have been treated as that amount in accordance with regulation 8(2), (4) or (5) or 9(2), as the case may be;
e
N is the value certified by the appropriate valuation officer to be the rateable value which would have been shown for the hereditament for 31 March 1995 in the central list if that had been the only hereditament of the designated person shown in that list for that date.
Base liability for central list hereditament for years subsequent to 1995-96
21
1
The base liability for a defined central list hereditament for the relevant year beginning in 1996, 1997, 1998 or 1999 (the year concerned) shall be found by applying the formula —
( BL × AF )
2
For the purposes of this regulation —
a
BL is the base liability for the hereditament for the relevant year immediately preceding the year concerned, and
b
AF is the appropriate fraction for the hereditament for the relevant year immediately preceding the year concerned.
Notional chargeable amount for central list hereditament
22
1
The notional chargeable amount for a defined central list hereditament for a relevant year shall be found by applying the formula —
A × B
2
For the purposes of this regulation —
a
A is the value certified by the appropriate valuation officer to be the rateable value which would have been shown in the central list for that hereditament for 1 April 1995 if that had been the only hereditament of the designated person shown in the list for that date;
b
B is the non-domestic rating multiplier for the relevant year.
Appropriate fraction for central list hereditament
23
1
The appropriate fraction for a defined central list hereditament for a relevant year shall be found by applying the formula —
X 100 × Q
2
For the purposes of this regulation —
a
where the notional chargeable amount for the hereditament for the relevant year exceeds the base liability for the hereditament for the year, X is 110,
b
where the notional chargeable amount for the hereditament for the relevant year does not exceed the base liability for the hereditament for the year then —
i
for the relevant years beginning on 1 April 1995 and 1 April 1996, X is 95;
ii
for the relevant year beginning on 1 April 1997, X is 85;
iii
for the relevant years beginning on 1 April 1998 and 1999, X is 70.
3
For the purposes of this regulation —
a
Q is the amount found by applying the formula —
RPI ( 1 ) RPI ( 2 )
b
RPI(1) is the retail prices index for September of the financial year preceding the relevant year concerned,
c
RPI(2) is the retail prices index for September of the financial year which precedes that preceding the relevant year concerned, and
d
Q shall, if not a whole number, be calculated to three decimal places only —
i
adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths, and
ii
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths.
Central list hereditament case for which regulation 25 determines chargeable amount
24
1
Regulation 25 applies to a defined central list hereditament for a chargeable day which is a relevant day (the day concerned) if —
a
a chargeable amount for the day concerned would, but for these Regulations, fall to be determined under section 54 of the Act, and
b
NCA is
i
greater than BL and greater than (BL × AF), or
ii
less than BL and less than (BL × AF).
2
For the purposes of this regulation —
a
NCA is the notional chargeable amount for the hereditament for the relevant year within which the day concerned falls,
b
BL is the base liability for the hereditament for the relevant year within which the day concerned falls,
c
AF is the appropriate fraction for the hereditament for the relevant year within which the day concerned falls.
Central list hereditament: rules for determining chargeable amount
25
1
Where this regulation applies to a hereditament, the chargeable amount as respects the designated person for the description of hereditaments of which it forms the whole or part for a chargeable day which is a relevant day shall be found in accordance with the rules prescribed in paragraph (2) in place of the provisions of section 54(4) to (7) of the Act.
2
The chargeable amount for the chargeable day shall be calculated by applying the formula —
( A × B ) C + H
3
For the purposes of this regulation —
a
A is the amount certified by the appropriate valuation officer to be the portion of the rateable value shown for the day in the central list against the name of the designated person which is not attributable to hereditaments to which this regulation applies;
b
B is the non-domestic rating multiplier for the relevant year;
c
C is the number of days in the relevant year;
d
H is the aggregate for the day of the amounts found by applying the formula —
( BL × AF ) C
for every hereditament to which this regulation applies shown for the day in the central list against the name of the designated person; and
e
BL and AF have the meanings given in regulation 24(2).
4
In a case where regulation 26 applies, this regulation has effect subject to the modifications made in that regulation.
Change in rateable value for defined central list hereditament after 1 April 1995
26
1
Paragraph (2) applies in respect of a defined central list hereditament in a case where regulation 25 applies where for a chargeable day after 1 April 1995 the appropriate valuation officer certifies that the value attributable to a defined central list hereditament of a designated person is different from the value attributable to the hereditament for 1 April 1995.
2
Where this paragraph applies, regulation 25 applies as regards the central list hereditament for the chargeable day as if the reference to
( A × B ) C + H
were a reference to —
( A × B ) C + H + I + K
3
For the purposes of this regulation and the provision substituted by this regulation —
a
A, B and C have the meanings given in regulation 25;
b
H is the aggregate for the chargeable day of the amounts found by applying the formula —
( BL × AF ) C
for every hereditament for which a value is included in the rateable value shown for the day in the central list against the name of the designated person to which regulation 25 applies but to which paragraph (2) does not apply;
c
I is the aggregate for the chargeable day of the amounts found by applying the formula —
( BL × AF ) C + ( N - J ) × B C
for every hereditament for which a value is included in the rateable value shown for the day in the central list against the name of the designated person to which paragraph (2) applies and for which the value attributable for the day is greater than the value attributable for 1 April 1995;
d
J is the value certified by the appropriate valuation officer to be the value attributable to the defined central list hereditament for 1 April 1995; and
e
K is the aggregate for the chargeable day of the amounts found by applying the formula —
( BL × AF ) C × N J
for every hereditament for which a value is included in the rateable value shown for the day in the central list against the name of the designated person to which paragraph (2) applies and for which the value attributable for the day is less than the value attributable for 1 April 1995;
f
N is the value certified by the appropriate valuation officer to be the value attributable to the defined central list hereditament for the chargeable day; and
g
BL and AF have the meanings given in regulation 24(2).
5
For the purposes of this regulation, in relation to a defined central list hereditament, the value attributable for a day is to be taken to be the rateable value which would have been shown for the hereditament in the central list for the day if the hereditament had been the only hereditament of the designated person shown in that list for that day.
6
A certification of a value by the appropriate valuation officer in respect of a defined hereditament for a day shall be treated as applicable for any day in the period commencing on that day and ending on the day immediately preceding any further certification under this regulation in respect of that hereditament.
PART V
CHARGEABLE AMOUNTS CLASS OF CENTRAL LIST HEREDITAMENTS
Defined class of central list hereditaments for which rateable values are prescribed
27
1
In this Part, a defined class of hereditaments is any class of hereditaments prescribed as respects a designated person by regulations for the purposes of section 53(1) of the Act for which —
a
a rateable value specified by order, or determined in accordance with rules prescribed by regulations, under paragraph 3(2) of Schedule 6, is shown in the central list for 31 March 1995; and
b
a rateable value is shown in the central list for 1 April 1995.
2
This Part applies to classes of hereditaments where Schedules 3, 4 and 5 apply subject to the modifications made in those Schedules.
Base liability for 1995-96 for defined class of hereditaments
28
1
The base liability of a defined class of hereditaments for the relevant year beginning in 1995 shall be found by applying the formula —
Y × Z
2
For the purposes of this regulation —
a
Y is the rateable value shown for the class of hereditaments in the central list for 31 March 1995; and
b
Z is the non-domestic rating multiplier for the financial year beginning in 1994.
Base liability for defined class of hereditaments for years subsequent to 1995-96
29
1
The base liability for a defined class of hereditaments for a relevant year beginning in 1996, 1997, 1998 or 1999 (the year concerned) shall be found by applying the formula —
( BL × AF )
2
For the purposes of this regulation —
a
BL is the base liability for the class of hereditaments for the relevant year immediately preceding the year concerned,
b
AF is the appropriate fraction for the class of hereditaments for the relevant year immediately preceding the year concerned.
Notional chargeable amount for defined class of hereditaments
30
1
The notional chargeable amount for a relevant year for a defined class of hereditaments shall be found by applying the formula —
( A - RF ) × B
2
For the purposes of this regulation —
A is the rateable value shown in the central list for the class of hereditaments for 1 April 1995;
B is the non-domestic rating multiplier for the relevant year;
RF is the recalculation factor for the class of hereditaments (subject to the provisions of paragraph (3)).
3
In a case where paragraph (4) applies, the recalculation factor for each class of hereditaments for the year beginning on 1 April 1994 shall be taken to be the recalculation factor in the rateable value order which applied for the class of hereditaments mentioned in paragraph (4)(a) in the most recent financial year for which there was such a factor.
4
This paragraph applies where —
a
a class of hereditaments was, before 1 April 1994, prescribed by regulations under section 53(1) of the Act (contents of central list) as respects one designated person,
b
a rateable value order was in force before 1 April 1994 in respect of that class,
c
for 1 April 1994, hereditaments comprised in the class mentioned in sub-paragraph (a) are comprised in two or more classes of hereditaments as respects two or more designated persons, and
d
the rateable value order made as respects each such class of hereditaments for the year beginning on 1 April 1994 made no provision for a recalculation factor to apply for that class for any year.
Appropriate fraction for defined class of hereditaments
31
1
The appropriate fraction for a relevant year for a defined class of hereditaments shall be found by applying the formula —
X 100 × Q
2
For the purposes of this regulation —
a
where the notional chargeable amount for the class of hereditaments for the relevant year exceeds the base liability for the class for the year, X is 110,
b
where the notional chargeable amount for the class of hereditaments for the relevant year does not exceed the base liability for the class for the year, then —
i
for the relevant years beginning on 1 April 1995 and 1 April 1996, X is 95;
ii
for the relevant year beginning on 1 April 1997, X is 85;
iii
for the relevant years beginning on 1 April 1998 and 1999, X is 70.
3
For the purposes of this regulation —
a
Q is the amount found by applying the formula —
RPI ( 1 ) RPI ( 2 )
b
RPI(1) is the retail prices index for September of the financial year preceding the relevant year concerned;
c
RPI(2) is the retail prices index for September of the financial year which precedes that preceding the relevant year concerned;
d
Q shall, if not a whole number, be calculated to three decimal places only —
i
adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths, and
ii
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths.
Defined class of hereditaments: case for which regulation 33 determines chargeable amount
32
1
Regulation 33 applies to a defined class of hereditaments for a relevant day (the day concerned) if —
a
as regards the class of hereditaments the day concerned is a chargeable day for which a chargeable amount would, but for these Regulations, fall to be determined under section 54 of the Act, and
b
NCA is
i
greater than BL and greater than (BL × AF), or
ii
less than BL and less than (BL × AF).
2
For the purposes of this regulation —
a
NCA is the notional chargeable amount for the class of hereditaments for the relevant year within which the day concerned falls,
b
BL is the base liability for the class of hereditaments for the relevant year within which the day concerned falls,
c
AF is the appropriate fraction for the class of hereditaments for the relevant year within which the day concerned falls.
Chargeable amount for defined class of hereditaments
33
1
The chargeable amount for a chargeable day which is a relevant day for a class of hereditaments to which this regulation applies shall be found in accordance with the rules prescribed in paragraph (2) in place of the provisions of section 54(4) to (7) of the Act.
2
Where this regulation applies, the chargeable amount for the chargeable day shall be calculated by applying the formula —
( BL × AF ) C
3
For the purposes of this regulation —
a
BL has the meaning given in regulation 32(2)(b);
b
AF has the meaning given in regulation 32(2)(c); and
c
C is the number of days in the relevant year.
4
Where regulation 34(2) or (4) applies, this regulation has effect subject to the provisions of regulation 34.
Change in rateable value for defined class of hereditaments on or after 1 April 1995
34
1
Where regulation 33 applies in respect of a defined class of hereditaments, paragraph (2) applies where for a day on or after 1 April 1995 the rateable value shown in the central list for the class of hereditaments is greater than the amount J determined in accordance with this regulation.
2
Where this paragraph applies, regulation 33 applies as regards the class of hereditaments for the day as if the reference to
( BL × AF ) C
were a reference to —
( BL × AF ) C + ( ( N - J ) × B ) C
3
Where regulation 33 applies, paragraph (4) applies in respect of a defined class of hereditaments where for a day on or after 1 April 1995 the rateable value shown in the central list for the class of hereditaments is less than the amount J determined in accordance with this regulation.
4
Where this paragraph applies, regulation 33 shall have effect as regards the class of hereditaments for the day as if the reference to
( BL × AF ) C
were a reference to —
( BL × AF ) C × N J
5
For the purposes of the provisions substituted by paragraphs (2) and
4
a
B is the non-domestic rating multiplier for the relevant year in which the day falls;
b
C is the number of days in the relevant year;
c
J is the amount found by the formula (A − RF) in accordance with regulation 30 as modified, in a case where Schedule 4 applies, by paragraph 4 of that Schedule;
d
N is the rateable value shown for the class of hereditaments for the day in the central list; and
e
BL and AF have the meanings given in regulation 32(2).
PART V
I CERTIFICATION
Certification by appropriate valuation officer
35
1
The appropriate valuation officer shall certify the values which fall to be certified by him under these Regulations as soon as practicable after the circumstances calling for the certification come to his attention (whether by virtue of an application by the billing authority, the Secretary of State or the ratepayer concerned, or otherwise).
2
Where, whether by reason of a decision of a valuation tribunal or otherwise, the appropriate valuation officer forms the opinion that a certification under any of the foregoing provisions of these Regulations (other than such a certification which has been confirmed on appeal) is inaccurate, he shall certify the value which in his opinion should be substituted for that originally certified.
3
A certification under paragraph (2) shall have effect for the purposes of the foregoing provisions of these Regulations in place of the previous certification, and any appeal against that certification under regulation 36 of these Regulations shall be deemed to have been withdrawn.
4
The valuation officer certifying a value pursuant to these Regulations shall send a copy of the certification to:
a
the billing authority concerned, or, insofar as it relates to a liability under section 54 of the Act, the Secretary of State; and
b
the ratepayer concerned.
5
The copy of a certification sent to the ratepayer in pursuance of paragraph (4) above shall be accompanied by a statement of the effect, in relation to the certification of:
a
Part V of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 ; and
b
where it is a certification under paragraph (2) above, paragraph (3) above,
and may be sent to the ratepayer’s last known address or to the address of the hereditament in question.
6
The valuation officer certifying the value pursuant to these Regulations shall retain the certification and a person may at any reasonable time inspect it.
Appeals against certification
36
1
Subject to paragraph (5), where an interested person in relation to a hereditament in respect of which a value is certified by an appropriate valuation officer in pursuance of these Regulations is dissatisfied with the value so certified, he may appeal against the certification in accordance with this regulation.
2
An appeal under paragraph (1) shall be initiated by serving, before 1 April 2001, a notice on the valuation officer stating the appellant’s reasons for being dissatisfied.
3
Unless within four weeks of the date of the service of the notice of the appellant’s reasons under paragraph (2), either —
a
the notice is withdrawn, or
b
the appropriate valuation officer and the appellant agree in writing as to the value which should be certified,
the disagreement shall at the expiry of that period be referred by that officer to the relevant valuation tribunal as an appeal against that certification.
4
Part VI of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 applies in relation to an appeal under this regulation.
5
No appeal may be made against a certification given by an appropriate valuation officer for the purposes of paragraph 3(2)(a) of Schedule 5 (central and local lists hereditaments treated from 1 April 1995 as one hereditament).
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
19th December 1994
John Redwood
Secretary of State for Wales
20th December 1994


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1994.
2
This Order shall come into force on 1st January 1995.
The revaluation percentage of each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revalution percentage for each revaluation period specified in column 1 below is the appropriate percentage specified in column 2.
Column 1 Column 2 Revaluation Period Revaluation Percentage
1st January 1986 — 31st December 1994 52.0% 1st January 1987 — 31st December 1994 47.5% 1st January 1988 — 31st December 1994 40.7% 1st January 1989 — 31st December 1994 33.9% 1st January 1990 — 31st December 1994 24.4% 1st January 1991 — 31st December 1994 12.2% 1st January 1992 — 31st December 1994 7.8% 1st January 1993 — 31st December 1994 4.0% 1st January 1994 — 31st December 1994 2.2%
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
11th November 1994