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Hardship Relief
     2. —(1) Subject to paragraph (2) and regulation 4, the Department may, in accordance with paragraph (3), reduce or repay any amount which a person is liable to pay or has paid in respect of rates in respect of a hereditament which has a net annual value, where it appears to the Department that—

(a) there are exceptional circumstances; and

(b) without such reduction or repayment, that person would suffer hardship.

    (2) In any case where a hereditament has both a net annual value and a capital value, paragraph (1) shall apply as if the reference to any amount which a person is liable to pay or has paid in respect of rates in respect of a hereditament which has a net annual value were a reference to any amount which a person is liable to pay or has paid in respect of rates in respect of the net annual value of the hereditament.

    (3) In any case, the amount of the reduction or repayment referred to in paragraph (1) shall be determined by the Department.

Recovery of reduction or repayment
     3. The Department may recover from the person mentioned in regulation 2(1) so much of any reduction or repayment under that regulation as contravened a Community obligation as if it were a debt due to the Department on account of a rate leviable on him.

Hereditaments to which hardship relief does not apply
     4. —(1) Subject to paragraph (2), any hereditament described in the Schedule is prescribed for the purposes of paragraph (3)(b) of Article 33B of the 1977 Order and accordingly that Article does not apply to it.

    (2) A hereditament shall not be prescribed under and for the purposes of paragraph (1) where—

(a) it is in the same occupation as another hereditament not described in the Schedule;

(b) it has a functional connection with that other hereditament; and

(c) it and the other hereditament would have constituted a single hereditament but for the fact of their geographical or structural separation.

    (3) For the purposes of paragraph (2)(b) one hereditament is functionally connected to another if the principal use or intended use of both hereditaments is for a common purpose.

Revocation
     5. The Non-Domestic Rating (Hardship Relief) Regulations (Northern Ireland) 2005[3] are revoked.



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


11th January 2007

L.S.

Leo O'Reilly
A senior officer of the Department of Finance and Personnel

[2] S.I. 1977/2157 (N.I. 28); Article 33B was inserted by Article 8 of the Rates (Amendment) (Northern Ireland) Order 2004 (S.I. 2004/703 (N.I. 4)) and was amended by Article 10 of the Rates (Capital Values, etc.) (Northern Ireland) Order 2006 (S.I. 2006/611 (N.I. 4)) and by paragraph 17 Schedule 2 to the Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18))back

[3] S.R. 2005 No. 552back

 © Crown copyright 2007