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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

5 BRS-BID proposals, renewal proposals, alteration proposals and preliminary procedures

(1) BRS-BID proposals, renewal proposals or alteration proposals, shall include the matters mentioned in paragraphs 1, 2 and 3 of Schedule 1 as the case may be. (2) Where a BRS-BID proposer decides to seek approval of BRS-BID proposals in a BRS-BID ballot or the BRS-BID body decides to seek approval of alteration proposals in an alteration ballot or renewal proposals in a renewal ballot, it shall— (a) send to the relevant billing authority— (i) a copy of the BRS-BID proposals, alteration proposals or renewal proposals, as the case may be, together with a summary of— (aa) the consultation it has undertaken with those persons who are to be liable for the proposed BRS-BID levy; (bb) the proposed business plan (including the estimated cashflow, an estimate of the predicted revenue to be generated and the predicted expenditure to be spent under the BRS-BID arrangements, the predicted budget over the duration of the BRS-BID arrangements and the contingency margin included in the budget); and (cc) the financial management arrangements for the BRS-BID body, and the arrangements for periodically providing the relevant billing authority with information on the finances of the BRS-BID body; and (ii) a notice in writing requesting the relevant billing authority to instruct the ballot holder to hold a BRS-BID ballot in relation to the BRS-BID proposals, an alteration ballot in relation to the alteration proposals or a renewal ballot in relation to the renewal proposals, as the case may be; and (b) provide the relevant billing authority with such information as it shall reasonably require to satisfy itself that the BRS-BID proposer or, as the case may be, the BRS-BID body, has sufficient funds to meet the costs of the BRS-BID ballot, the alteration ballot, the renewal ballot, or the re-ballot in relation to the BRS-BID ballot, the alterations ballot, or the renewal ballot, as the case may be, should it be required to do so under regulation 12. (3) Where a relevant billing authority draws up BRS-BID proposals, it shall prepare a document setting out the proposed business plan (including the estimated cashflow, an estimate of the predicted revenue to be generated and the predicted expenditure to be spent under the BRS-BID arrangements and the contingency margin included in the budget). (4) Where— (a) a BRS-BID proposer or a relevant billing authority decides to seek approval of BRS-BID proposals in a BRS-BID ballot; (b) a BRS-BID body or a local authority BRS-BID body, as the case may be, decides to seek approval of alteration proposals in an alteration ballot or renewal proposals in a renewal ballot, it shall send a copy of the BRS-BID proposals, alteration proposals, or renewal proposals, as the case may be, and the proposed business plan, to any person who is to be liable for the proposed BRS-BID levy who requests a copy. (5) Where the relevant billing authority is of the view that the BRS-BID proposals, renewal proposals or alteration proposals conflict with a policy formally adopted by and contained in a document published by the authority (whether or not the authority is under a statutory duty to prepare such document) the authority shall, as soon as reasonably practicable after receiving the proposals, notify the BRS-BID proposer or BRS-BID body, as the case may be, in writing explaining the nature of that conflict.

Your change, as a redline

5 BRS-BID proposals, renewal proposals, alteration proposals and preliminary procedures

(1) BRS-BID proposals, renewal proposals or alteration proposals, shall include the matters mentioned in paragraphs 1, 2 and 3 of Schedule 1 as the case may be. (2) Where a BRS-BID proposer decides to seek approval of BRS-BID proposals in a BRS-BID ballot or the BRS-BID body decides to seek approval of alteration proposals in an alteration ballot or renewal proposals in a renewal ballot, it shall— (a) send to the relevant billing authority— (i) a copy of the BRS-BID proposals, alteration proposals or renewal proposals, as the case may be, together with a summary of— (aa) the consultation it has undertaken with those persons who are to be liable for the proposed BRS-BID levy; (bb) the proposed business plan (including the estimated cashflow, an estimate of the predicted revenue to be generated and the predicted expenditure to be spent under the BRS-BID arrangements, the predicted budget over the duration of the BRS-BID arrangements and the contingency margin included in the budget); and (cc) the financial management arrangements for the BRS-BID body, and the arrangements for periodically providing the relevant billing authority with information on the finances of the BRS-BID body; and (ii) a notice in writing requesting the relevant billing authority to instruct the ballot holder to hold a BRS-BID ballot in relation to the BRS-BID proposals, an alteration ballot in relation to the alteration proposals or a renewal ballot in relation to the renewal proposals, as the case may be; and (b) provide the relevant billing authority with such information as it shall reasonably require to satisfy itself that the BRS-BID proposer or, as the case may be, the BRS-BID body, has sufficient funds to meet the costs of the BRS-BID ballot, the alteration ballot, the renewal ballot, or the re-ballot in relation to the BRS-BID ballot, the alterations ballot, or the renewal ballot, as the case may be, should it be required to do so under regulation 12. (3) Where a relevant billing authority draws up BRS-BID proposals, it shall prepare a document setting out the proposed business plan (including the estimated cashflow, an estimate of the predicted revenue to be generated and the predicted expenditure to be spent under the BRS-BID arrangements and the contingency margin included in the budget). (4) Where— (a) a BRS-BID proposer or a relevant billing authority decides to seek approval of BRS-BID proposals in a BRS-BID ballot; (b) a BRS-BID body or a local authority BRS-BID body, as the case may be, decides to seek approval of alteration proposals in an alteration ballot or renewal proposals in a renewal ballot, it shall send a copy of the BRS-BID proposals, alteration proposals, or renewal proposals, as the case may be, and the proposed business plan, to any person who is to be liable for the proposed BRS-BID levy who requests a copy. (5) Where the relevant billing authority is of the view that the BRS-BID proposals, renewal proposals or alteration proposals conflict with a policy formally adopted by and contained in a document published by the authority (whether or not the authority is under a statutory duty to prepare such document) the authority shall, as soon as reasonably practicable after receiving the proposals, notify the BRS-BID proposer or BRS-BID body, as the case may be, in writing explaining the nature of that conflict.

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