The Rates (Consequential Provisions) Order (Northern Ireland) 2007

Article 2(1)

SCHEDULE 1Amendments to primary legislation

PART 1

1.  In section 2(2) of the New Universities (Acquisition of Land) Act (Northern Ireland) 1966(1) (contributions towards expenditure under section 1)—

(a)after “net annual value” there shall be inserted “and the capital value”;

(b)after “total net annual value” there shall be inserted “and the total capital value”;

(c)after subsection (2) insert—

“(3) For the purposes of this section—

(a)“capital value” means capital value for the purposes of the Rates (Northern Ireland) Order 1977 and shall be construed in accordance with Article 39 of that Order; and

(b)“net annual value” means net annual value for the purposes of the Rates (Northern Ireland) Order 1977 and shall be construed in accordance with Articles 39 and 39A of that Order.”

PART 2

2.  In section 33 of the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971(2) (interpretation)—

(a)in the appropriate place insert—

““capital value” means capital value for the purposes of the Rates (Northern Ireland) Order 1977 and shall be construed in accordance with Article 39 of that Order;”;

““capital value list” has the meaning given by Article 40(1)(b) of the Rates (Northern Ireland) Order 1977;”;

(b)in the definition of “ground rent”—

(i)in sub-paragraph (a)—

(aa)for “one tenth of the net annual value” there shall be substituted “0.01265 per cent. of the capital value”;

(bb)for “is a specified hereditament” there shall be substituted “appears in a NAV list”;

(ii)in sub-paragraph (b)—

(aa)for “one quarter of the net annual value” there shall be substituted “0.04065 of the capital value”;

(bb)for “is a specified hereditament” there shall be substituted “appears in a NAV list”;

(iii)after sub-paragraph (b)—

(aa)for ““specified hereditament” there shall be substituted ““NAV list”“;

(bb)for “39A(3)” there shall be substituted “40(1)(a)”.

PART 3

3.  Section 115 of the Local Government Act (Northern Ireland) 1972(3) (expenditure for special purposes) shall be amended as follows—

(a)in subsection (2)—

(i)in paragraph (a)—

(aa)after “hereditaments” insert “in a NAV list”;

(bb)omit “which are specified hereditaments as defined by Article 39A(3) of the Rates (Northern Ireland) Order 1977”;

(ii)in paragraph (b)—

(aa)for “0.5p” substitute “0.00082p”;

(bb)after “rateable” insert “capital”;

(cc)omit “other”;

(dd)after “hereditaments” insert “in a capital value list”

(b)in subsection (2A) for “0.5p” substitute “0.00082p”

(c)after paragraph (5) insert—

“(6) For the purposes of this section—

(a)“capital value” means capital value for the purposes of the Rates (Northern Ireland) Order 1977 and shall be construed in accordance with Article 39 of that Order;

(b)“NAV list” has the meaning given by Article 40(1)(a) of the Rates (Northern Ireland) Order 1977.”.

PART 4

4.  The County Courts (Northern Ireland) Order 1980(4) shall be amended as follows—

(a)in Article 2(2) (interpretation)—

(i)the definition of “annual value” shall be omitted;

(ii)insert in the appropriate places—

““capital value” means capital value for the purposes of the Rates (Northern Ireland) Order 1977 and shall be construed in accordance with Article 39 of that Order;”;

““capital value list” has the meaning given by Article 40(1)(b) of the Rates (Northern Ireland) Order 1977;”;

““net annual value” means net annual value for the purposes of the Rates (Northern Ireland) Order 1977 and shall be construed in accordance with Articles 39 and 39A of that Order;”;

““NAV list” has the meaning given by Article 40(1)(a) of the Rates (Northern Ireland) Order 1977;”;

(b)in Article 11(2)(c) for “the annual value” substitute “the net annual value or capital value”;

(c)for Article 12(1) and (1A) (actions for recovery of, or involving title to land) substitute—

“12.—(1) A county court shall, subject to paragraphs (1A) to (4) have jurisdiction to hear and determine any action—

(a)for recovery of land; or

(b)in which the title to any land comes in question;

if either of the following sub-paragraphs applies—

(i)the net annual value of the land does not exceed £4,060; or

(ii)the capital value of the land does not exceed £400,000.

(1A) Where land has a net annual value and a capital value, both conditions in sub-paragraphs (i) and (ii) of paragraph (1) must be satisfied.”;

(d)in Article 12(3) and (4) for “annual value” substitute “its net annual value or its capital value”;

(e)for Article 13(2) (jurisdiction as respects injunctions) substitute—

“(2) Subject to paragraph (3), proceedings under this Article in respect of any easement, profit or other right may be brought—

(a)in the case where the servient tenement has a net annual value, only where that value does not exceed £4,060;

(b)in the case where the servient tenement has a capital value, only where that value does not exceed £400,000.

(3) Where the servient tenement has a net annual value and a capital value, both conditions in sub-paragraph (a) and (b) of paragraph (2) must be satisfied.”;

(f)in Article 14 (jurisdiction in equity matters)—

(i)in paragraphs (a), (b), (c), (g), (h), (k), (l) and (m) for “the appropriate sum in annual value” substitute “the relevant valuation limits”;

(ii)in paragraphs (d) and (e)—

(aa)for “the annual value” substitute “the value”;

(bb)for “the appropriate sum” substitute “the relevant valuation limits”;

(iii)in paragraph (i) “or in annual value the appropriate sum” shall be omitted;

(iv)for “and for the purposes of this Article” to “(ii) in any other case, £500.” substitute—

“and for the purposes of this Article—

(aa)“the relevant valuation limits” means where the land has a net annual value, £4,060 and where the land has a capital value, £400,000;

(bb)“value” means net annual value or, as the case may be, capital value.”

(g)for Article 16(1)(b) (power to grant limited administration) substitute—

“(b)subject to paragraph (iii), the gross value of his property (exclusive of property to which he was entitled as a trustee and not beneficially) so far as it consists of property other than land does not exceed £45,000 in value and so far as it consists of land does not exceed—

(i)in the case where the land has a net annual value, £4,060;

(ii)in the case where the land has a capital value, £400,000;

(iii)in the case where the land has a net annual value and a capital value, both conditions in sub-paragraphs (i) and (ii) of paragraph (b) are satisfied.”

PART 5

5.  The Planning Blight (Compensation) (Northern Ireland) Order 1981(5) shall be amended as follows—

(a)in Article 2 (interpretation)—

(i)in paragraph (2) the definition of ““annual value” shall be omitted;

(ii)in paragraph (2) in the appropriate places insert—

““capital value” means capital value for the purposes of the Rates (Northern Ireland) Order 1977 and shall be construed in accordance with Article 39 of that Order;

“net annual value” means net annual value for the purposes of the Rates (Northern Ireland) Order 1977 and shall be construed in accordance with Articles 39 and 39A of that Order;

“value”, in relation to a hereditament, means the value which on the date of service of a blight notice, is shown in a valuation list as the net annual value (if any) or, as the case maybe the capital value (if any) of the hereditament or in relation to land certified by the Commissioner of Valuation under this paragraph means the net annual value or, as the case maybe, the capital value as it appears in such a certificate;

“valuation list” has the meaning assigned to it by Article 2(2) of the Rates (Northern Ireland) Order 1977;”

(iii)in paragraph (2) in the definition of “hereditament” for “the valuation list” substitute “a valuation list”;

(iv)in paragraph (3)—

(aa)for “the valuation list”, wherever it occurs, there shall be substituted “a valuation list”;

(bb)for “the definition of “annual value”“ substitute “the definition of value”;

(cc)after “as net annual values” insert “or, as the case maybe, capital values”;

(v)in paragraph (4) for “the valuation list” there shall be substituted “a valuation list”.

(b)for Article 4(1)(b)(ii) (interests qualifying for protection) substitute—

“(ii)in a hereditament if either of the following sub-paragraphs applies—

(aa)the net annual value of the land does not exceed £19,685; or

(bb)the capital value of the hereditament does not exceed £2,100,000.

(1A) The Department may by Order substitute a different limit for any limit specified in paragraph (1)(aa) or (bb).”

PART 6

6.  In Article 2(2) of the Access to the Countryside (Northern Ireland) Order 1983(6) (interpretation) for the definition of “owner” there shall be substituted ““owner” in relation to land, means any person for the time being receiving or entitled to receive the rack rent of any land, whether on his own account or as agent or trustee for another or who, if the land were let at a rack rent, would so receive or be entitled to receive that rent”.

PART 7

7.  In Article 2(2) of the Roads (Northern Ireland) Order 1993(7) (interpretation) for the definition of “owner” there shall be substituted ““owner” in relation to land, means any person for the time being receiving or entitled to receive the rack rent of any land, whether on his own account or as agent or trustee for another or who, if the land were let at a rack rent, would so receive or be entitled to receive that rent”.

PART 8

8.  In Article 2(2) of the Water (Northern Ireland) Order 1999(8) (interpretation) for the definition of “owner” there shall be substituted ““owner” in relation to land, means any person for the time being receiving or entitled to receive the rack rent of any land, whether on his own account or as agent or trustee for another or who, if the land were let at a rack rent, would so receive or be entitled to receive that rent”.

PART 9

9.  In paragraph 5 of Schedule 3 to the Private Tenancies (Northern Ireland) Order 2006(9) (calculation of amount of rates)—

(a)in sub-paragraph (1) for “net annual value” there shall be substituted “capital value”;

(b)in sub-paragraph (2) for “net annual value” in both places where it occurs there shall be substituted “capital value”.