The Non-Domestic Rating (Communications Hereditaments) (Valuation, Alteration of Lists and Appeals and Material Day) (England) Regulations 2008

• Citation: S.I. 2008/2333
• Sections: 6

Section 1 Citation, application and commencement

These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Communications Hereditaments) (Valuation, Alteration of Lists and Appeals and Material Day) (England) Regulations 2008 and shall come into force on 1st October 2008.

Section 2 Interpretation

In these Regulations—

“ 1988 Act ” means the Local Government Finance Act 1988;

“ ALA Regulations ” means the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005 ;

“ BT ” means British Telecommunications plc;

“ Central List Regulations ” means the Central Rating List (England) Regulations 2005 ;

“fully unbundled local loop” means an unbundled local loop which BT has let or licensed to any person for all uses that comprise the monitoring, processing or transmission of communications or other signals for the provision of electronic communications services;

“the hereditament” means the hereditament described in regulation 8(1) of the Central List Regulations (BT’s central rating list hereditament); and

“unbundled local loop” has the meaning given by regulation 8(6) of the Central List Regulations.

Section 3 Valuation of certain communications hereditaments

The letting or licensing by BT to any person of a fully unbundled local loop shall be assumed for the purpose of valuing the hereditament pursuant to paragraph 2(5) or (6) of Schedule 6 to the 1988 Act (non-domestic rating: valuation) to be a matter affecting the physical state or physical enjoyment of the hereditament.

Section 4 Material change of circumstances

(1) A proposal to alter the rateable value shown for the hereditament in a central rating list compiled on or after 1st April 2005 may be made under regulation 4(1)(b) (circumstances in which proposals may be made) and Part 3 (alteration of central rating lists) of the ALA Regulations as a consequence of the letting or licensing of a fully unbundled local loop by BT to any person.

(2) In relation to such a proposal, regulation 4(1)(b) shall have effect as if “material change of circumstances” included the matter assumed by regulation 3 of these Regulations to affect the hereditament’s physical state or the physical enjoyment of it for the purpose of valuing it pursuant to paragraph 2(5) or (6) of Schedule 6 to the 1988 Act.

Section 5 Modification of regulation 6 of the ALA Regulations

Where a proposal is made pursuant to regulation 4(1), regulation 6(1)(e)(ii) (information to accompany proposal) of the ALA Regulations shall have effect as if it also required the inclusion of a statement specifying the number of fully unbundled local loops that are comprised in the hereditament as at the effective date proposed in that proposal.

Section 6 Material day for valuation

Regulation 3(7)(b)(i) of the Non-Domestic Rating (Material Day for List Alterations) Regulations 1992 (material day for list alterations made in pursuance of a proposal) shall have effect, in relation to a proposal made pursuant to regulation 4(1), as if the material day in relation to any particular fully unbundled local loop were the day on which BT let or licensed it.