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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 184

RATES

The Rates (Maximum Capital Value) Regulations (Northern Ireland) 2007

  Made 20th March 2007 
  To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000
  Coming into operation 1st April 2007 

The Department of Finance and Personnel[1] makes the following Regulations in exercise of the powers conferred by Article 18(2) and (3) of the Rates (Northern Ireland) Order 1977[2]:

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Rates (Maximum Capital Value) Regulations (Northern Ireland) 2007 and shall come into operation on 1st April 2007.

    (2) In these Regulations—

Maximum capital value
     2. —(1) Subject to paragraphs (2) to (5), the maximum capital value of a specified hereditament which has a rateable capital value shall be £500,000.

    (2) This paragraph applies to a specified hereditament which –

    (3) Where a hereditament to which paragraph (2) applies is wholly used for domestic purposes which are also exempting purposes, its maximum capital value shall be £250,000.

    (4) Where a hereditament to which paragraph (2) applies is partly used for domestic purposes which are also exempting purposes, its maximum capital value shall be determined in accordance with the formula—

(A × £250,000)
£250,000 +(
)
(
B
)
where –

    (5) For the purposes of paragraphs (3) and (4) there shall be disregarded any use of the hereditament which is not relevant to its capital value.

Liability to be rated according to maximum capital value
    
3. In respect of a specified hereditament which has a rateable capital value, a person shall be liable for rates in respect of its maximum capital value instead of its rateable capital value, if its rateable capital value exceeds its maximum capital value.

References
    
4. In respect of a specified hereditament which has a rateable capital value which exceeds its maximum capital value—



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


20th March 2007

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 provide for the introduction of a maximum capital value for rating purposes in the case of domestic properties other than properties in the social housing sector. The maximum capital value is £500,000 except in the case of certain domestic properties which are distinguished in the capital value list as partly exempt from rates in which case the maximum capital value varies between £250,000 and £500,000 depending on the extent of exemption (regulation 2).

The Regulations provide that a person shall be liable for rates in respect of a domestic property to which the Regulations apply on the basis of its maximum capital value rather than its rateable capital value, if its rateable capital value exceeds its maximum capital value (regulation 3).

The Regulations also provide for the modification of certain statutory references in the case of such a property (regulation 4).


Notes:

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

[2] S.I. 1977/2157 (N.I.28); Article 18(2) and (3) was inserted by Article 6 of the Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)); see Article 2(2) of S.I. 1977/2157 (N.I. 28) for the definitions of "the Department" and "regulations"; the definition of "regulations" was amended by Schedule 3 to the Departments (Northern Ireland) Order 1982, S.I. 1982/338 (N.I.6), and by paragraph 2(10) of Schedule 2 to the Rates (Amendment) (Northern Ireland) Order 2006back

[3] Article 41 was amended by paragraph 24 of Schedule 2 to the Rates (Amendment) (Northern Ireland) Order 2006back

[4] Article 23A was inserted by Article 7 of the Rates (Amendment) (Northern Ireland) 2006back

[5] Article 9(5)(b) was substituted by paragraph 5 of Schedule 2 to the Rates (Amendment) (Northern Ireland) Order 2006back

[6] Article 30(2)(b) was amended by paragraph 13(2) of Schedule 2 to the Rates (Amendment) (Northern Ireland) Order 2006back

[7] Article 30A was inserted by Article 14 of the Rates (Amendment) (Northern Ireland) Order 2006back

[8] Article 31A (10) was substituted by Article 17(5) of the Rates (Amendment) (Northern Ireland) 2006back

[9] Article 16(1)(a) was amended by paragraph 11(2) of Schedule 2 to the Rates (Amendment) (Northern Ireland) Order 2006back



ISBN 978 0 337 96945 4


 © Crown copyright 2007

Prepared 23 March 2007


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