RATING AND VALUATION Citation and commencement 1 These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1992 and shall come into force on 16th July 1992. Amendment of Regulations 2 The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended— a in paragraph (1) of regulation 3 (interpretation and application of Part II), by the insertion, after the definition of “relevant year”, of the following— “the 1992 Act ” means the Non-Domestic Rating Act 1992; “transitional adjustment notice” has the meaning given by paragraph 7A(2)(b) of Schedule 1 ; b in regulation 8 (failure to pay instalments), in the definition of “the estimated amount” in paragraph (8), by the insertion, after the words “paragraph 7(2)”, of the words “or, as the case may be, paragraph 7A or paragraph 7B”; c in paragraph (3) of regulation 23 (miscellaneous provisions), by the insertion after the words “paragraph 6(3) or 7(2)(a) of Schedule 1” of the words “or sub-paragraph (2) of paragraph 7A of that Schedule (including a notification given under that sub-paragraph pursuant to paragraph 7B(2) of that Schedule)”; d in paragraph 7 of Schedule 1— i in sub-paragraph (1), by the substitution for the words “This paragraph” of the words “Subject to sub-paragraph (1A), this paragraph”; and ii by the insertion, after sub-paragraph (1), of the following— 1A Except as provided in paragraph 9(2), this paragraph does not apply in a case to which paragraph 7A or 7B applies. ; e by the insertion, after paragraph 7 of Schedule 1, of the paragraphs set out in regulation 3 below; f in paragraph 8(a) of Schedule 1, by the substitution, for the words “paragraphs 6(1) to (5) and 7(1) and (3)”, of the words “paragraphs 6(1) to (5), 7(1) and (3), 7A(1)(d) and (5) and 7B(1)(b)”; and g by the substitution, for paragraph 9 of Schedule 1, of the following— 9 1 More than one adjustment of amounts paid or payable under a demand notice may be made under this Part as the circumstances require. 2 Where a further adjustment falls to be made under this Part after the service of a transitional adjustment notice pursuant to paragraph 7A or 7B— a paragraph 7 shall apply as if (so far as the context permits) references to the demand notice and to amounts in respect of instalments payable under it were references to the transitional adjustment notice and to the remaining instalments payable under it; and b in calculating the aggregate amount of instalments payable under a demand notice before the adjustment day for the purposes of sub-paragraphs (4) and (5) of that paragraph in consequence of the revised estimate mentioned in sub-paragraph (3), and without prejudice to sub-paragraph (6) of paragraph 7, there shall not count as so payable any amount in respect of such instalments which has fallen to be repaid (or credited) under paragraph 7A or 7B, as the case may be. . 3 The paragraphs referred to in regulation 2(e) are— 7A 1 This paragraph applies where— a the demand notice has been served on a ratepayer by a charging authority; b the authority’s estimate under regulation 6(1) for the purposes of the notice ( “the original estimate”) was made before the coming into force of sections 1 to 3 of the 1992 Act; c the original estimate is, in consequence of that Act, shown to be false; d the event mentioned in paragraph 6(1) above has not occurred as regards the hereditament to which the demand notice relates; and e no notice has been served under paragraph 7(2). 2 The charging authority shall as soon as practicable after the day on which sections 1 to 3 of the 1992 Act come into force— a adjust the instalments payable on or after the transitional adjustment day ( “the remaining instalments”) so that they accord with the instalments which would have been payable under the demand notice if— i those sections had been in force when the original estimate was made; and ii that estimate had been made with reference to that Act; and b serve a notice (“transitional adjustment notice”) on the ratepayer which is to state— i that it takes account of the 1992 Act; ii the amount of the original estimate; iii the amount of the estimate mentioned in sub-paragraph (5) (“the 1992 Act estimate”); iv the amount of the difference between the amounts of the original estimate and the 1992 estimate; v the amount of the instalments which would have been payable under the demand notice if sections 1 to 3 of the 1992 Act had been in force when the original estimate was made and that estimate had been made with reference to that Act; vi the amount of each remaining instalment; vii the day on which each such instalment is payable, being such of the days specified in the demand notice as fall after the transitional adjustment day; and viii the amount of any excess determined in accordance with sub-paragraph (7). 3 A transitional adjustment notice shall be served at least 14 clear days before the day on which an instalment falls to be paid under the demand notice. 4 The statement required to be given by sub-paragraph (2)(b)(i) shall be in the following terms— This notice takes account of savings on your rates bill announced in the Budget and made by the Non-Domestic Rating Act 1992. . 5 The amount referred to in sub-paragraph (2)(b)(iii) is the revised estimate of the charging authority of the amount payable for the relevant year in relation to the hereditament, having regard to sections 1 to 3 of the 1992 Act and made on the assumption mentioned in paragraph (1) of regulation 6 and as if the notice mentioned in that paragraph were the transitional adjustment notice. 6 For the purposes of sub-paragraph (2), where the demand notice relates to more than one hereditament, references to the amount of the original estimate and the amount of the 1992 Act estimate shall be construed as references to the aggregate of the amount of the original estimates and the aggregate of the amounts of the 1992 Act estimates respectively. 7 Insofar as the aggregate of any amounts paid (by reference to the original estimate) before the day on which the transitional adjustment notice is issued exceeds the aggregate of the amounts that would have been payable before that day if the original estimate had been the same as the 1992 Act estimate, the amount of the excess— a shall be repaid if the ratepayer so requires; b in any other case, shall (as the charging authority determines) either be repaid or be credited against any subsequent liability of the ratepayer to pay anything to the charging authority by way of non-domestic rate. 8 In this paragraph “the transitional adjustment day” means the day 14 days after the day on which the transitional adjustment notice is issued. 9 A transitional adjustment notice need not be given on a single sheet of paper, but if more than one sheet is used, the sheets shall be issued together, whether or not attached, so as to comprise one notice. 7B 1 This paragraph applies where— a the events mentioned in paragraph 7A(1)(a) to (c) have occurred; b the event mentioned in paragraph 6(1) has not occurred as regards the hereditament to which the demand notice relates; and c a notice has been served in accordance with paragraph 7(2). 2 Sub-paragraphs (2) to (9) of paragraph 7A shall apply in a case to which this paragraph applies as if— a for the reference in paragraph (a) of sub-paragraph (2) to the demand notice there were substituted a reference to the demand notice and any notice given under paragraph 7(2) in relation to the demand notice; b for references in paragraph (b)(ii) and (iv) of sub-paragraph (2) and in sub-paragraph (6) to the original estimate there were substituted references to the revised estimate of which notice has been given under paragraph 7(2) (or, if there has been more than one revised estimate, the last); c for paragraph (b)(v) of sub-paragraph (2) there were substituted the following— v the amount of the instalments which would have been payable under the demand notice and any notice given under paragraph 7(2) in relation to the demand notice if sections 1 to 3 of the 1992 Act had been in force when the original estimate was made and that estimate had been made with reference to those sections; ; and d in sub-paragraph (6), for the reference to the demand notice there were substituted a reference to the demand notice and any notice given under paragraph 7(2) in relation to the demand notice; and e in sub-paragraph (7), after the words “by reference to the original estimate”, there were inserted the words “and any revised estimate of which notice has been given under paragraph 7(2)”. Michael Howard Secretary of State for the Environment 25th June 1992 David Hunt Secretary of State for Wales 23rd June 1992