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Statutory Rules of Northern Ireland

2004 No. 147 (C. 6)

RATES

Rates (Amendment) (2004 Order) (Commencement) Order (Northern Ireland) 2004

Made

29th March 2004

The Department of Finance and Personnel(1), in exercise of the powers conferred on it by Article 1(2) of the Rates (Amendment) (Northern Ireland) Order 2004(2) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation

1.  This Order may be cited as the Rates (Amendment) (2004 Order) (Commencement) Order (Northern Ireland) 2004.

Appointed day

2.—(1) The provisions of the Rates (Amendment) (Northern Ireland) Order 2004 which have not already been brought into operation or are not to be brought into operation by Article 1(4) of that Order shall be brought into operation in accordance with this Article.

(2) The following provisions, that is to say –

(a)Article 6 (power of Department to require information where hereditament is unoccupied);

(b)Article 7 (powers of entry of persons authorised by Department); and

(c)Paragraphs 5 (limitation of liability of certain owners) and 9 (offences) of Schedule 3,

shall come into operation on 14th April 2004.

(3) All other provisions shall come into operation on 1st April 2004.

Sealed with the Official Seal of the Department of Finance and Personnel on 29th March 2004.

L.S.

Brian McClure

A senior officer of the

Department of Finance and Personnel

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation the provisions of the Rates (Amendment) (Northern Ireland) Order 2004 (“the 2004 Order”) that have not already been commenced or are not to be commenced under Article 1(4) of that Order.

Articles 4, 5 and 8 of, and Schedules 1 and 2 to, the 2004 Order introduce new provisions into the Rates (Northern Ireland) Order 1977 (“the 1977 Order”). These relate to the rating of unoccupied non-domestic property (including new buildings) and the provision of hardship rate relief in respect of certain non-domestic property in exceptional circumstances and come into operation on 1st April 2004. Coming into operation on the same date are the consequential amendments to the 1977 Order in Schedule 3 to the 2004 Order.

Articles 6 and 7 of the 2004 Order introduce into the 1977 Order new provision for notices to be served on certain persons requiring them to provide information to the Department and a power for authorised officers of the Department to enter land for the purpose of gathering information. They come into operation on 14th April 2004. Coming into operation on the same date are the consequential amendments in paragraphs 5 and 9 of Schedule 3 to the 2004 Order.

The impact on business of the 2004 Order is detailed in the Regulatory Impact Assessment, a copy of which may be obtained, free of charge, from Rating Policy Division, Rathgael House, Balloo Road, Bangor BT19 7NA.

(1)

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