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The Business Improvement Districts (Property Owners) (England) Regulations 2014

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Change 1

What to do with it
As published

2 Interpretation

In these Regulations— “the 1988 Act” means the Local Government Finance Act 1988; “the 2009 Act” means the Business Rate Supplements Act 2009; “the 1989 Regulations” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 as modified by paragraph 9 of Schedule 4 below; “alteration ballot” has the meaning given in regulation 19; “alteration proposals” means proposals in relation to the alteration of BRS-BID arrangements pursuant to regulation 19; “the amount payable” for a chargeable period or part of a chargeable period in relation to a particular person, a relevant billing authority and a hereditament means— the amount that person is liable to pay to the authority as regards the hereditament in respect of the period or part thereof under section 46 of the 2003 Act by virtue of that person falling within the description of persons liable to the BRS-BID levy in the BRS-BID arrangements; or where an amount falls to be credited by the authority against that person’s liability in respect of the period or part thereof, the amount (if any) by which the amount referred to in sub-paragraph (a) exceeds the amount falling to be so credited; “ballot holder” has the meaning given in regulation 7; “barcode” means marks— appearing on the ballot paper and containing in an encoded form information relating to a voter and a ballot; capable of being scanned electronically in a manner that permits the encoded information contained in the marks to be decoded; and in which the information encoded in the marks cannot be decoded when read only by the human eye; “BID revenue account” means the revenue account kept by a billing authority under section 47(1) of the 2003 Act for the purposes of BID arrangements; “BRS-BID ballot” means a ballot under paragraph 5 of Schedule 2 to the 2009 Act; “BRS-BID body” means, where a local authority BRS-BID body is not responsible for implementing the BRS-BID arrangements, the body (whether corporate or not corporate) responsible for the implementation of the arrangements; “BRS-BID proposer” means a person or body referred to in regulation 4(1), other than a relevant billing authority; “chargeable period” means any period for which BRS-BID levy is imposed which is specified in accordance with paragraph 3(2) of Schedule 2 to the 2009 Act; “commencement date” subject to regulation 11(2), means the day, pursuant to section 53 of the 2003 Act, the BRS-BID arrangements are to come into force; “in data form” means in a form which ensures that the information is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose; “the day of the ballot” means the day determined by the ballot holder, in accordance with Schedule 2, as the day by which ballot papers must be returned to him; “demand notice” means the notice required to be served under paragraph 2(1) of Schedule 4; “electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)— by means of an electronic communications service (within the meaning of the Communications Act 2003); or by other means but while in electronic form; “geographical area of the BID” means the geographical area of the business improvement district in respect of which the BRS-BID arrangements are proposed or made; “hereditament” means anything which is or is treated as being a hereditament by virtue of the provisions of or any provisions made under section 64 of the 1988 Act including any hereditament to which regulation 6 of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989 applies but otherwise excluding any hereditament to which regulations made under section 64(3)(b) of the 1988 Act apply; “joint BRS-BID arrangements” has the meaning given in regulation 22; “liability order” has the meaning given in regulation 10 of the 1989 Regulations; “local authority BRS-BID body” means, where the relevant billing authority or a company under the control of the authority (within the meaning given in section 68 of the Local Government and Housing Act 1989) is responsible for implementing the BRS-BID arrangements, that person; “person entitled to vote” has the meaning given in regulation 9; “re-ballot” means a BRS-BID ballot, renewal ballot, or alteration ballot, as the case may be, which is required to be arranged pursuant to regulation 11(10); “relevant billing authority” means the billing authority for the geographical area of the BID; “relevant property interest” has the same meaning as paragraph 2(6) of Schedule 2 to the 2009 Act; “renewal ballot” means a ballot under section 54(2) of the 2003 Act; “renewal proposals” means proposals in relation to the renewal of the BRS-BID arrangements under section 54(2) of the 2003 Act; “veto” means a veto by the relevant billing authority pursuant to paragraph 7(2) of Schedule 2 to the 2009 Act; “veto notice” means a notice given by a billing authority pursuant to section 51(4) of the 2003 Act; “voter list” has the meaning given in regulation 13; and “working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

Your change, as a redline

2 Interpretation

In these Regulations— “the 1988 Act” means the Local Government Finance Act 1988; “the 2009 Act” means the Business Rate Supplements Act 2009; “the 1989 Regulations” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 as modified by paragraph 9 of Schedule 4 below; “alteration ballot” has the meaning given in regulation 19; “alteration proposals” means proposals in relation to the alteration of BRS-BID arrangements pursuant to regulation 19; “the amount payable” for a chargeable period or part of a chargeable period in relation to a particular person, a relevant billing authority and a hereditament means— the amount that person is liable to pay to the authority as regards the hereditament in respect of the period or part thereof under section 46 of the 2003 Act by virtue of that person falling within the description of persons liable to the BRS-BID levy in the BRS-BID arrangements; or where an amount falls to be credited by the authority against that person’s liability in respect of the period or part thereof, the amount (if any) by which the amount referred to in sub-paragraph (a) exceeds the amount falling to be so credited; “ballot holder” has the meaning given in regulation 7; “barcode” means marks— appearing on the ballot paper and containing in an encoded form information relating to a voter and a ballot; capable of being scanned electronically in a manner that permits the encoded information contained in the marks to be decoded; and in which the information encoded in the marks cannot be decoded when read only by the human eye; “BID revenue account” means the revenue account kept by a billing authority under section 47(1) of the 2003 Act for the purposes of BID arrangements; “BRS-BID ballot” means a ballot under paragraph 5 of Schedule 2 to the 2009 Act; “BRS-BID body” means, where a local authority BRS-BID body is not responsible for implementing the BRS-BID arrangements, the body (whether corporate or not corporate) responsible for the implementation of the arrangements; “BRS-BID proposer” means a person or body referred to in regulation 4(1), other than a relevant billing authority; “chargeable period” means any period for which BRS-BID levy is imposed which is specified in accordance with paragraph 3(2) of Schedule 2 to the 2009 Act; “commencement date” subject to regulation 11(2), means the day, pursuant to section 53 of the 2003 Act, the BRS-BID arrangements are to come into force; “in data form” means in a form which ensures that the information is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose; “the day of the ballot” means the day determined by the ballot holder, in accordance with Schedule 2, as the day by which ballot papers must be returned to him; “demand notice” means the notice required to be served under paragraph 2(1) of Schedule 4; “electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)— by means of an electronic communications service (within the meaning of the Communications Act 2003); or by other means but while in electronic form; “geographical area of the BID” means the geographical area of the business improvement district in respect of which the BRS-BID arrangements are proposed or made; “hereditament” means anything which is or is treated as being a hereditament by virtue of the provisions of or any provisions made under section 64 of the 1988 Act including any hereditament to which regulation 6 of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989 applies but otherwise excluding any hereditament to which regulations made under section 64(3)(b) of the 1988 Act apply; “joint BRS-BID arrangements” has the meaning given in regulation 22; “liability order” has the meaning given in regulation 10 of the 1989 Regulations; “local authority BRS-BID body” means, where the relevant billing authority or a company under the control of the authority (within the meaning given in section 68 of the Local Government and Housing Act 1989) is responsible for implementing the BRS-BID arrangements, that person; “person entitled to vote” has the meaning given in regulation 9; “re-ballot” means a BRS-BID ballot, renewal ballot, or alteration ballot, as the case may be, which is required to be arranged pursuant to regulation 11(10); “relevant billing authority” means the billing authority for the geographical area of the BID; “relevant property interest” has the same meaning as paragraph 2(6) of Schedule 2 to the 2009 Act; “renewal ballot” means a ballot under section 54(2) of the 2003 Act; “renewal proposals” means proposals in relation to the renewal of the BRS-BID arrangements under section 54(2) of the 2003 Act; “veto” means a veto by the relevant billing authority pursuant to paragraph 7(2) of Schedule 2 to the 2009 Act; “veto notice” means a notice given by a billing authority pursuant to section 51(4) of the 2003 Act; “voter list” has the meaning given in regulation 13; and “working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

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