Title, commencement, and application

1.–(1) The title of these Regulations is the Non-Domestic Rating (Unoccupied Property) (Wales) (Amendment) Regulations 2009 and they come into force on 7 March 2009.

(2) These Regulations apply in relation to the financial year beginning with 1 April 2009.

Property liable for unoccupied property rates

2. In regulation 4(g) of the Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008(3) for "£2,200" substitute "£15,000".

Explanatory Note

(This note is not part of the Regulations)

Under section 45 of the Local Government Finance Act 1988 ('the 1988 Act') non-domestic rates are payable on an unoccupied hereditament if it fulfils the conditions set out in section 45(1). Those conditions include a condition that the hereditament falls within a prescribed class.

The Non-Domestic Rating (Unoccupied Property) Regulations 2008 ('the 2008 Regulations') prescribe a class of unoccupied hereditaments on which rates are payable. The class consists of all unoccupied hereditaments to which none of the conditions in regulation 4 applies.

Regulation 4 excludes from liability for non-domestic rates under section 45 of the 1988 Act all hereditaments shown in a non-domestic rating list with a rateable value less than a specified amount, currently £2,200. These Regulations increase that figure to £15,000 for the purpose of a hereditament shown in the list for the financial year beginning on 1 April 2009 only.

A regulatory impact assessment has been prepared in connection with these Regulations. A copy can be obtained at http:www.assemblywales.org/bus-home/buslegislation/bus-legislation-sub.