Citation and commencement

1.-(1) These Regulations may be cited as the Non-Domestic Rating (Designated Areas etc.) Regulations 2017.

(2) These Regulations come into force on 1st April 2017.

Application

2.  These Regulations apply in relation to England only.

Interpretation

3.  In these Regulations-

"the 1988 Act" means the Local Government Finance Act 1988;

"baseline amount", in relation to a billing authority, means the amount calculated under Part 3 of Schedule 2 in respect of a designated area for a specified year;

"billing authority" means a billing authority in England all or part of whose area falls within a designated area;

"designated area" means an area designated under regulation 4(1);

"local list" means a local non-domestic rating list(2);

"non-domestic rating income", in relation to a billing authority, means the amount calculated under Part 2 of Schedule 2 in respect of a designated area for a specified year;

"period of designation" has the meaning given in regulation 4(2);

"preceding year" means the chargeable financial year(3) immediately preceding the specified year for which a calculation under Part 3 of Schedule 2 is made;

"revaluation year" means a year in which a local list must be compiled under section 41 of the 1988 Act;

"Schedule 7B" means Schedule 7B to the 1988 Act;

"small business non-domestic rating multiplier", in relation to a chargeable financial year, means the small business non-domestic rating multiplier for that year determined under Part 1 of Schedule 7 to the 1988 Act(4); and

"specified year" means a chargeable financial year falling within the period of designation.

Designation of areas

4.-(1) The areas listed in Schedule 1 are designated for the purposes of these Regulations.

(2) The designation of those areas takes effect on 1st April 2017 and has effect for the period of 25 years beginning on that date ("period of designation").

Proportion of non-domestic rating income for a designated area to be disregarded

5.-(1) Part 1 of Schedule 2 provides rules for calculating the proportion of a billing authority's non-domestic rating income in respect of a designated area for a specified year.

(2) The proportion is to be disregarded for the purpose of calculations under-

(a)any of the following provisions of Schedule 7B-

(i)paragraph 6 (payments in respect of the central share);

(ii)paragraph 13 (calculations following local government finance report);

(iii)paragraph 16 (calculations following amending report);

(iv)paragraph 23 (calculations of levy payments)(5);

(v)paragraph 26 (calculations of safety net payments)(6);

(vi)paragraph 30 (calculations relating to distribution of remaining balance)(7); or

(b)regulations made under any of the following provisions of Schedule 7B-

(i)paragraph 7 (administrative arrangements for payments in respect of the central share);

(ii)paragraph 9 (payments by billing authorities to major precepting authorities);

(iii)paragraph 10 (administrative arrangements for payments by billing authorities to major precepting authorities);

(iv)paragraph 28 (calculations of payments on account).

Amendment of Non-Domestic Rating (Rates Retention) Regulations 2013

6.-(1) The Non-Domestic Rating (Rates Retention) Regulations 2013(8) are amended as follows.

(2) In paragraph 1(1) of Schedule 2 (qualifying relief for deduction from central share), in the definition of "red area" for "178" substitute "247".

Amendment of Non-Domestic Rating (Designated Areas) Regulations 2013

7.-(1) The Non-Domestic Rating (Designated Areas) Regulations 2013(9) are amended as follows.

(2) In regulation 2 (interpretation)-

(a)at the appropriate place insert-

""Birmingham City Centre Designated Area" means the area designated in Schedule 1 by reference to the areas bounded externally by the outer edge of the blue line shown on maps 1 to 26;

"period of designation" means-

(b)in the definition of "specified year" for "specified in regulation 4" substitute "of designation".

(3) In regulation 4 (period of designation)-

(a)the existing provision is renumbered as paragraph (1);

(b)in paragraph (1) as renumbered, before "remain" insert ", subject to paragraph (2),";

(c)after paragraph (1) as renumbered insert-

"(2) The designation of the Birmingham City Centre Designated Area has effect for the period of 33 years which comprises-

(a)the period of 25 years specified in paragraph (1); and

(b)a further period of 8 years beginning immediately after the end of the period specified in paragraph (1).".

Amendment of Non-Domestic Rating (Designated Areas etc) Regulations 2016

8.-(1) The Non-Domestic Rating (Designated Areas etc) Regulations 2016(10) are amended as follows.

(2) In regulation 3 (interpretation)-

(a)at the appropriate place insert-

""Birmingham City Centre Curzon Extension Designated Area" means the area designated in Schedule 1 by reference to the areas bounded externally by the outer edge of the blue line shown on maps 87 to 102;";

(b)for the definition of "period of designation" substitute-

""period of designation" means-

(3) In paragraph (2) of regulation 4 (designation of areas)-

(a)before "has effect" insert "subject to paragraph (3)"; and

(b)omit the words in brackets.

(4) After paragraph (2) of regulation 4 insert-

"(3) The designation of the Birmingham City Centre Curzon Extension Designated Area has effect for the period of 30 years which comprises-

(a)the period of 25 years specified in paragraph (2); and

(b)a further period of 5 years beginning immediately after the end of the period specified in paragraph (2).".

Regulation 4

SCHEDULE 1Local retention of non-domestic rates: designation of areas

1.  Each of the areas listed in column 2 of the table in this Schedule is designated by reference to the area or areas bounded externally by the outer edge of the blue line shown on the map specified in column 1 of the table.

2.  A reference in this Schedule to a map is to one of the maps numbered 1 to 74 and entitled "Maps referred to in Schedule 1 to the Non-Domestic Rating (Designated Areas etc.) Regulations 2017", of which prints, signed by a member of the Senior Civil Service in the Department for Communities and Local Government, are deposited and available for inspection at the offices of the Secretary of State for Communities and Local Government and, in relation to each map, at the offices of the billing authority to which the map relates.

3.  For the purposes of determining a designated area, where part only of a hereditament is situated within an area shown on a map, the whole of the hereditament is taken to be included within that designated area.

Regulation 5

SCHEDULE 2Calculations for designated areas

PART 1Proportion of non-domestic rating income to be disregarded

1.-(1) Unless sub-paragraph (2) applies, the proportion of a billing authority's non-domestic rating income in respect of a designated area for a specified year is the difference between the authority's-

(a)non-domestic rating income in respect of the designated area for that year; and

(b)baseline amount in respect of the designated area for that year.

(2) If the baseline amount is greater than or equal to the non-domestic rating income, the proportion is zero.

PART 2Calculation of non-domestic rating income

2.-(1) A billing authority's non-domestic rating income in respect of a designated area for a specified year is the amount calculated in accordance with the formula-

(2) This sub-paragraph applies to a hereditament which-

(a)is to be treated as one hereditament by virtue of regulations under section 64(3)(b) of the 1988 Act; and

(b)would have constituted three or more separate hereditaments had regulations under section 64(3)(b) not been made.

(3) In this paragraph, references to an authority's collection fund income and expenditure account is a reference to a revenue account to which, in accordance with proper practices, are credited or charged amounts in respect of the authority's income or expenditure relating to sums paid or to be paid into or payments met or to be met from the authority's collection fund.

PART 3Calculation of the baseline amount

For the specified year beginning on 1st April 2017

3.  For the specified year beginning on 1st April 2017, a billing authority's baseline amount in respect of a designated area is the amount provided in column 4 of the table in Schedule 1 in relation to the designated area.

For a specified year that is not a revaluation year

4.-(1) If a specified year is not a revaluation year, a billing authority's baseline amount in respect of a designated area for the specified year is the amount calculated under sub-paragraph (2) or (3).

(2) For the specified year beginning on 1st April 2018, the baseline amount is calculated in accordance with the formula-

(3) For a subsequent specified year which is not a revaluation year, the baseline amount is calculated in accordance with the formula-

For a specified year that is a revaluation year other than the specified year beginning on 1st April 2017

5.-(1) If a specified year is a revaluation year other than the specified year beginning on 1st April 2017, a billing authority's baseline amount in respect of a designated area for the specified year is the amount calculated in accordance with the formula-

(2) For the purposes of this paragraph, the rateable value of a hereditament shown in the billing authority's local list for 31st March in the preceding year is taken to be the rateable value that would have been shown in that list for that day had the circumstances relating to that hereditament been as they were on 1st April in the specified year.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations designate areas in England ("designated areas") for the purpose of paragraph 39(1)(a) of Schedule 7B to the Local Government Finance Act 1988 ("the 1988 Act") (local retention of non-domestic rates). They provide rules for calculating in respect of a billing authority in England all or part of whose area falls within a designated area-

(a)the billing authority's non-domestic rating income in respect of the designated area for a specified year; and

(b)the proportion of that non-domestic rating income that is to be disregarded for the purpose of specified calculations under Schedule 7B to the 1988 Act.

The calculations are to be made separately for each designated area within which a billing authority's area falls.

Regulation 4(1) and Schedule 1 designate the areas. The designation of the areas is made by reference to maps which are available for inspection at the offices of the Secretary of State for Communities and Local Government or at the office of the billing authority.

Regulation 4(2) provides that the designation of the areas takes effect on 1st April 2017 and has effect for a period of 25 years beginning on that date (period of designation). The effect of specifying the period of designation is to trigger paragraph 39(9) of Schedule 7B to the 1988 Act which prevents the revocation of the Regulations and certain kinds of amendments to the Regulations until after the end of that period.

Regulation 5 and Schedule 2 provide the rules for the calculations.

Part 1 of Schedule 2 provides rules for calculating the proportion of non-domestic rating income in respect of a designated area for a specified year that is to be disregarded for specified calculations under Schedule 7B to the 1988 Act. The proportion is calculated by subtracting the baseline amount in respect of the designated area for the specified year (calculated under Part 3 of Schedule 2) from the non-domestic rating income in respect of that area for that year (calculated under Part 2 of Schedule 2).

Non-domestic rating income in respect of a designated area for a specified year is essentially the amounts payable to a billing authority under sections 43 and 45 of the 1988 Act for that year in respect of hereditaments situated in the designated area, subject to a number of adjustments.

The baseline amount in respect of a designated area for the specified year beginning on 1st April 2017 is the amount specified in column 4 of the table in Schedule 1 (this amount represents the existing non-domestic rating income for the designated area). For each subsequent specified year, the baseline amount is an uprated amount representing growth in the billing authority's income in the designated area.

Regulation 6 amends the definition of "red area" in Schedule 2 to the Non-Domestic Rating (Rates Retention) Regulations 2013 (S.I. 2013/452) to include the areas designated under these Regulations which fall within that definition. In that Schedule, a "red area" is an area for which billing authorities are compensated for business rates relief they give to ratepayers.

Regulation 7 amends the Non-Domestic Rating (Designated Areas) Regulations 2013 (S.I. 2013/107) to extend the period of designation of the Birmingham City Centre Designated Area by 8 years.

Regulation 8 amends the Non-Domestic Rating (Designated Areas etc) Regulations 2016 (S.I. 2016/317) to extend the period of designation of the Birmingham City Centre Curzon Extension Designated Area by 5 years.

No separate impact assessment has been prepared for these Regulations, but the impact assessment prepared for the Local Government Finance Act 2012 (c. 17) is relevant:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/8470/2054063.pdf