This Statutory Instrument has been made in consequence of a defect in S.I. 2023/1154 (W. 199) and is being issued free of charge to all known recipients of that Statutory Instrument.
2024 No. 37 (W. 12)
Rating And Valuation, Wales
The Non-Domestic Rating (Miscellaneous and Consequential Amendments to Secondary Legislation) (Wales) Regulations 2024
Made 15 January 2024
Laid before Senedd Cymru 17 January 2024
Coming into force in accordance with regulation 1(3) and (4) 
The Welsh Ministers make the following Regulations in exercise of the powers conferred on the National Assembly for Wales by sections 43(4B)(b) and 44(9)(b) of the Local Government Finance Act 1988 (“the 1988 Act”) and conferred on the Secretary of State by paragraphs 1 and 2(2)(a) and (ga) of Schedule 9 to that Act and now vested in them, and in exercise of the power conferred on them by paragraph 8(1) and (4)(b) of Schedule 1 to the Rating (Empty Properties) Act 2007, section 236(1) of the Localism Act 2011 and section 17(2) of the Non-Domestic Rating Act 2023.
PART 1 Introduction
Title, application and coming into force
1 

(1) The title of these Regulations is the Non-Domestic Rating (Miscellaneous and Consequential Amendments to Secondary Legislation) (Wales) Regulations 2024.
(2) These Regulations apply in relation to Wales.
(3) Parts 1 and 2 come into force on 19 January 2024.
(4) Part 3 comes into force on 1 April 2024.
PART 2 Amendments to secondary legislation coming into force on 19 January 2024
Amendments to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
2 
In regulation 3(1) (interpretation) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, in the definition of “the amount payable”, in sub-paragraph (a), for “paragraphs 1 to 7, and 10 of Schedule 4ZA or paragraphs 1 to 3 of Schedule 4ZB to” substitute “section 43(4) to (6) or 45(4) to (6) of”.
Amendments to the Non-Domestic Rating (Demand Notices) (Wales) Regulations 2017
3 

(1) Schedule 1 (matters to be contained in demand notices) to the Non-Domestic Rating (Demand Notices) (Wales) Regulations 2017 is amended as follows.
(2) In paragraph 4—
(a) for “regulations under paragraph 1(2)(b) and 3(9) of Schedule 4ZB to the 1988 Act are” substitute “an order under section 45(4A) of the 1988 Act is”;
(b) for “regulations as compared with the amount it would be if paragraph 1(1)(b) of Schedule 4ZB to” substitute “order as compared with the amount it would be if section 45(4) of”.
(3) In paragraph 5—
(a) for “paragraph 2 of Schedule 4ZB to” substitute “section 45A of”;
(b) for “paragraph 1(1)(b) of Schedule 4ZB to” substitute “section 45(4) of”.
(4) In paragraph 6—
(a) in sub-paragraph (a), for “paragraph 2(1) or 4(1) of Schedule 4ZA to” substitute “section 43(4A)(b) or (5) of”;
(b) in sub-paragraph (b), for “paragraph 10(2) of Schedule 4ZA to” substitute “section 44(2) and (2A) of”;
(c) for “paragraph 1 of Schedule 4ZA, without modification, and (so far as is relevant) paragraph 10(2) of Schedule 4ZA” substitute “section 43(4), without modification, and (so far as is relevant) section 44(2)”.
Amendments to the Non-Domestic Rating (Small Business Relief) (Wales) Order 2017
4 

(1) The Non-Domestic Rating (Small Business Relief) (Wales) Order 2017 is amended as follows.
(2) In article 2 (interpretation), in the definition of “excepted hereditament”, in paragraph (c), for “paragraph 2(2)(a) or (b) of Schedule 4ZA to” substitute “paragraph (a) or (b) of section 43(6) of”.
(3) In article 5 (maximum rateable value for rate relief), for “paragraph 4(2)(b)(i) of Schedule 4ZA to” substitute “section 43(4B)(b)(i) of”.
(4) In article 6 (conditions of relief), for “paragraph 4(2)(b)(ii) of Schedule 4ZA to” substitute “section 43(4B)(b)(ii) of”.
(5) In article 10 (amount of E), for “paragraph 10(6) of Schedule 4ZA to” substitute “section 44(9) of”.
Amendments to the Non-Domestic Rating Act 2023 (Consequential Amendments to Secondary Legislation) (Wales) Regulations 2023
5 

(1) The Non-Domestic Rating Act 2023 (Consequential Amendments to Secondary Legislation) (Wales) Regulations 2023 are amended as follows.
(2) In regulation 2(2) (amendments to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989), omit sub-paragraph (a).
(3) In regulation 4 (amendments to the Non-Domestic Rating (Demand Notices) (Wales) Regulations 2017)—
(a) omit paragraph (2);
(b) omit paragraph (3);
(c) omit sub-paragraphs (a), (b) and (d) of paragraph (4).
(4) Omit regulation 5 (amendments to the Non-Domestic Rating (Small Business Relief) (Wales) Order 2017).
PART 3 Amendments to secondary legislation coming into force on 1 April 2024
Amendment to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
6 
In regulation 3(1) (interpretation) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, in the definition of “the amount payable”, in sub-paragraph (a), for “section 43(4) to (6) or 45(4) to (6) of” substitute “any provision of or made under Schedule 4ZA or Schedule 4ZB to”.
Amendment to the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990
7 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments to the Non-Domestic Rating (Demand Notices) (Wales) Regulations 2017
8 

(1) Schedule 1 (matters to be contained in demand notices) to the Non-Domestic Rating (Demand Notices) (Wales) Regulations 2017 is amended as follows.
(2) In paragraph 4—
(a) for “an order under section 45(4A) of the 1988 Act is” substitute “regulations under paragraphs 1(2)(b) and 3(9) of Schedule 4ZB to the 1988 Act are”;
(b) for “order as compared with the amount it would be if section 45(4) of” substitute “regulations as compared with the amount it would be if paragraph 1(1)(b) of Schedule 4ZB to”.
(3) In paragraph 5—
(a) for “section 45A of” substitute “paragraph 2 of Schedule 4ZB to”;
(b) for “section 45(4) of” substitute “paragraph 1(1)(b) of Schedule 4ZB to”.
(4) In paragraph 6—
(a) in sub-paragraph (a), for “section 43(4A)(b) or (5) of” substitute “paragraph 2(1) or 4(1) of Schedule 4ZA to”;
(b) in sub-paragraph (b), for “section 44(2) and (2A) of” substitute “paragraph 10(2) of Schedule 4ZA to”;
(c) for “section 43(4), without modification, and (so far as is relevant) section 44(2)” substitute “paragraph 1 of Schedule 4ZA, without modification, and (so far as is relevant) paragraph 10(2) of Schedule 4ZA”.
Amendments to the Non-Domestic Rating (Small Business Relief) (Wales) Order 2017
9 

(1) The Non-Domestic Rating (Small Business Relief) (Wales) Order 2017 is amended as follows.
(2) In article 2 (interpretation), in the definition of “excepted hereditament”, in paragraph (c), for “paragraph (a) or (b) of section 43(6) of” substitute “paragraph 2(2)(a) or (b) of Schedule 4ZA to”.
(3) In article 5 (maximum rateable value for rate relief), for “section 43(4B)(b)(i) of” substitute “paragraph 4(2)(b)(i) of Schedule 4ZA to”.
(4) In article 6 (conditions of relief), for “section 43(4B)(b)(ii) of” substitute “paragraph 4(2)(b)(ii) of Schedule 4ZA to”.
(5) In article 10 (amount of E), for “section 44(9) of” substitute “paragraph 10(6) of Schedule 4ZA to”.
Rebecca Evans
Minister for Finance and Local Government, one of the Welsh Ministers
15 January 2024