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Statutory Rules of Northern Ireland


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2004 No. 191

RATES

Non-Domestic Rating (Unoccupied Property) (Prescribed Information) Regulations (Northern Ireland) 2004

  Made 26th April 2004 
  Coming into operation 24th May 2004 

The Department of Finance and Personnel[1], in exercise of the powers conferred on it by Article 26(2A) of the Rates (Northern Ireland) Order 1977[2], and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Non-Domestic Rating (Unoccupied Property) (Prescribed Information) Regulations (Northern Ireland) 2004 and shall come into operation on 24th May 2004.

    (2) In these Regulations -

Information to be provided by a relevant person
     2. For the purposes of Article 26(2A) of the 1977 Order, the following information is prescribed in relation to a notice served under that paragraph in respect of any hereditament, that is to say:



Sealed with the Official Seal of the Department of Finance and Personnel on


26th April 2004.

L.S.


Brian McClure
A senior officer of the Department of Finance and Personnel


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations relate to notices that may be served on relevant persons under Article 26(2A) of the Rates (Northern Ireland) Order 1977 requiring such persons to provide information to the Department of Finance and Personnel. Article 26(2B) of the same Order defines who is a relevant person for these purposes. This includes gas and electricity undertakers, telecommunications providers and district councils. The Regulations prescribe the type of information that may be required by such a notice. The information required is for the purpose of identifying the person entitled to possession of an unoccupied non-domestic property and, therefore, the person liable to unoccupied property rate.

A person who fails, without reasonable excuse, to comply with the requirements of a notice is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. A person who, in response to a notice, makes a statement which he knows to be false in a material particular or recklessly makes any statement to which it is false in a material particular, is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 3 on the standard scale or to both.


Notes:

[1] Formerly the Department of Finance. See S.I. 1982/338 (N.I. 6) Article 3back

[2] S.I. 1977/2157 (N.I. 28); Article 26(2A) was inserted by Article 6 of the Rates (Amendment) (Northern Ireland) Order 2004 (S.I. 2004/703 (N.I. 4)) which is commenced from 14th April 2004 by Article 2 of the Rates (Amendment) (2004 Order) (Commencement) Order (Northern Ireland) 2004 (S.R. 2004 No. 147)back

[3] 1979 (c. 38)back

[4] S.I. 1985/1208 (N.I. 15)back

[5] S.I. 1991/1220 (N.I. 11)back

[6] 2003 c. 21back

[7] 1984 c. 12back



ISBN 0 33795505 0


  © Crown copyright 2004

Prepared 4 May 2004


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URL: http://www.bailii.org/nie/legis/num_reg/2004/20040191.html