The Non-Domestic Rating (Persons Required to Supply Information and Service of Notices) (Wales) Regulations 2022

• Citation: S.I. 2022/1307 (W.)
• Sections: 4

Section 1 Title and commencement

(1) The title of these Regulations is the Non-Domestic Rating (Persons Required to Supply Information and Service of Notices) (Wales) Regulations 2022.

(2) These Regulations come into force on 1 April 2023.

Section 2 Interpretation

In these Regulations—

“ the Act ” (“ y Ddeddf ”) means the Local Government Finance Act 1988;

“ billing authority ” (“ awdurdod bilio ”) means a county council or county borough council in Wales;

“ electronic communication ” (“ cyfathrebiad electronig ”) has the meaning given in section 15(1) of the Electronic Communications Act 2000 ;

“ hereditament ” (“ hereditament ”) has the meaning given in section 64 of the Act.

Section 3 Description of Persons Required to Supply Information

For the purpose of paragraph 5(1D)(c) of Schedule 9 to the Act, a billing authority may serve a notice on a person who is carrying on a business as—

(a) a person providing services relating to non-domestic rating to a person within paragraph 5(1D)(a) and (b) of Schedule 9 to the Act;

(b) a water undertaker or sewerage undertaker within the meaning of the Water Industry Act 1991 ;

(c) a gas transporter within the meaning given by section 7 (licensing of public gas transporters) of the Gas Act 1986 ;

(d) a gas supplier within the meaning given by section 7A (licencing of gas suppliers and gas shippers) of the Gas Act 1986 ;

(e) an electricity distributor within the meaning given by section 6 (licences authorising supply, etc.) of the Electricity Act 1989 ;

(f) an electricity supplier within the meaning of section 6 of the Electricity Act 1989 ;

(g) a public communications provider within the meaning given by section 151(1) (interpretation of Chapter 1) of the Communications Act 2003 .

Section 4 Service of notices

(1) Without prejudice to section 233 of the Local Government Act 1972 (service of notice by local authorities) and subject to paragraph (4), a billing authority may serve a notice on any person to whom paragraph 5(1D) of Schedule 9 to the Act applies—

(a) by hand delivering it to the person;

(b) by leaving it at the person’s proper address;

(c) by sending it to the person’s proper address by post;

(d) by sending it to the person by electronic communication.

(2) For the purposes of paragraph (1), a person’s proper address is—

(a) in the case of a body corporate, the address of the registered or principal office of the body;

(b) in the case of a partnership, the address of the principal office of the partnership;

(c) in any other case, the person’s last known address.

(3) The notice is to be treated as having been hand delivered under paragraph (1)(a)—

(a) in the case of a body corporate, if it is hand delivered to the secretary or clerk of the body;

(b) in the case of a partnership, if it is hand delivered to a partner or a person having control or management of the partnership business.

(4) Where any notice is to be served on a person specified in paragraph 5(1D)(a) or (b) of Schedule 9 to the Act, such notice may be addressed by the description of “owner” or “occupier” of the hereditament, without further name or description.