(11) Where the Secretary of State declares void a BID ballot, a renewal ballot, an alteration ballot or a re-ballot in relation to such a ballot and he is of the opinion that the material irregularity was caused by the actions or omissions of the BID proposer or BID body, as the case may be, he shall issue a notice in writing to that effect with his decision notice and, he shall include in the notice an explanation of the effect of regulation 10. make available for inspection by any person a copy of the information in the document referred to in sub-paragraph (a) at its principal office during normal working hours. No changes have been applied to the text. (6) A copy of the representations made by one party to the appeal shall be sent by the Secretary of State to the other parties to the appeal and shall be accompanied by a statement explaining the effect of paragraph (7). (5) The relevant billing authority shall ensure the amount of a charge imposed under paragraph (4) is reasonable having regard to the costs incurred or likely to be incurred by the authority in dealing with requests and supplying information under this regulation. in the case of a proxy, the address shown for the proxy on the list prepared under paragraph 3(b). sections 44 to 47 of the Act, regulations 14 to 18 and Schedules 3 and 4 shall have effect from the date the BID arrangements (as altered) come into force as if a reference in each of those provisions to “BID arrangements” were a reference to the BID arrangements (as altered). (b)they are charges connected with distress which may be recovered pursuant to regulation 14(2)(b) of the 1989 Regulations. Application, citation, commencement and interpretation, Obtaining information from billing authority for the purpose of developing BID proposals, BID proposals, renewal proposals, alteration proposals and preliminary procedures, Instructions to hold a BID ballot, renewal ballot, alteration ballot or re-ballot, Arrangements for holding a ballot and conduct of a ballot, Obtaining information from billing authority for the purpose of canvassing, Alteration of BID arrangements without an alteration ballot, Alterations of the BID arrangements following a ballot, Electronic communication of requests, applications or notices. Regulation 3 specifies the persons who may draw up BID proposals and regulations 4 and 5 specify the procedures to be followed in connection with drawing up of BID proposals and Schedule 1 specifies the matters to be included in them. (c)persons entitled to vote have been prevented from voting or hindered from doing so freely in accordance with their own opinion and, in the Secretary of State’s opinion, it is likely that the result of the BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, has been affected to a significant extent. 4.—(1) BID proposals, renewal proposals or alteration proposals, as the case may be, shall include the matters mentioned in paragraphs 1, 2 and 3 of Schedule 1. no liability order need be applied for in respect of it after the deceased’s death under regulation 12 of the 1989 Regulations, and. Sums paid for the year under sections 43 and 45 of the Act. supply a copy of the information in the document to the person concerned in data form. as regards any time in a chargeable period when there is only one such person who is liable for the BID levy, that person shall be liable to pay the amount payable by way of the BID levy with respect to that time; and. (4) Where paragraph (3) applies the relevant billing authority shall–. Ballot timetable . 1994/2421; relevant amendments are by S.I. 6.—(1) The person who holds a BID ballot, renewal ballot, alteration ballot or re-ballot (“the ballot holder”) shall be the person the relevant billing authority has appointed under section 35 of the Representation of the People Act 1983(9) as the returning officer for elections to that authority. (14) Sub-paragraph (12) is not to be construed as permitting a billing authority to apply under regulation 12(2) of the 1989 Regulations for a liability order against a person in respect of costs alone after an order has been made for those costs against another person. (9) Any party to whom a copy of representations is sent under paragraph (8) may within 14 days of receiving them serve on the Secretary of State further written representations in reply and the Secretary of State shall send a copy of any such further representations to the other parties. (g)a statement of the commencement date of the alterations to the BID arrangements. 1. the BID proposer or BID body, as the case may be; any person who, or any group of persons which, represents 5 per cent. where the persons concerned are jointly and severally liable as partners or trustees, jointly to the partnership or trust (in which case only a single notice need be given in respect of them and references to “the person who is liable for the BID levy” in this Schedule shall be construed as regards the notice as references to the partners or trustees jointly). For each year a billing authority which is required to keep a BID Revenue Account (“the account”) shall carry to the credit of the account amounts equal to the items listed in this Part of this Schedule. prepare a document showing (as far as the relevant billing authority is able to ascertain from its non-domestic rates billing records at that time) the name of each non-domestic ratepayer and the address and rateable value of each hereditament which is occupied, or (if unoccupied) owned, by him in the geographical area of the BID proposals to be developed; and. (3) Where the person entitled to vote applies to the ballot holder for the appointment of a proxy to vote for him in a particular ballot, the ballot holder shall make the appointment if the application meets the requirements of this paragraph and that the proxy is capable of being, and willing to be, appointed. (6) A sum payable under sub-paragraph (2) shall be enforceable in the administration of the deceased’s estate as a debt of the deceased and accordingly—, (a)no liability order need be applied for in respect of it after the deceased’s death under regulation 12 of the 1989 Regulations, and. (a)state the full name and address of the person whom the person entitled to vote (the applicant) wishes to appoint as his proxy; (b)state the address of the applicant’s hereditament; (d)contain a statement by him that he has consulted the proxy so named and that that person is capable of being and willing to be appointed. (2) Where a requirement to pay an amount under an invalid notice subsists by virtue of sub-paragraph (1), the billing authority shall as soon as practicable after the mistake is discovered issue to the person who is liable for the BID levy concerned a statement of the matters which were not contained in the notice and which should have been so contained. 2. shall not for such reason be deemed to be void if the voting intention appears clear. in any other case, to the day on which it is served. 1989/1058) and the Non-Domestic Rating (Collection and Enforcement)(Miscellaneous Provisions) Regulations 1989 (S.I. the billing authority and that person have agreed for that purpose that any documents containing the notice or information may be accessed by that person on a website; the document is a document to which that agreement applies; the billing authority has published the document on a website; and, that person is notified, in a manner for the time being agreed for those purposes between him and the billing authority, of—. include the proxy’s details on the list referred to in paragraph 3(b). (8) A person who has notified an address for the purpose of sub-paragraph (5)(a) may, by notice in writing to the billing authority, withdraw that notification; and the withdrawal shall take effect on the third business day after the date on which the notice is received by the billing authority. 12. A BID must be agreed by ballot and is funded in whole or in part by a levy on those liable for non-domestic rates. It should satisfy itself that all of these elements have been included in the BID proposals prior to giving the go … (b)the liability of the executor or administrator is a liability in his capacity as such. (b)identify the BID ballot, alteration ballot, renewal ballot or re-ballot in relation to which the request is made; (c)confirm that the person or group of persons making the request intends to make use of the information requested only for the purpose of canvassing persons entitled to vote in the BID ballot, alteration ballot, renewal ballot or re-ballot identified in the request made pursuant to paragraph (2); and. 10.—(1) This paragraph applies where a person dies and at any time before his death he was (or is alleged to have been) subject to a BID levy. (b)where the persons concerned are jointly and severally liable as partners or trustees, jointly to the partnership or trust (in which case only a single notice need be given in respect of them and references to “the person who is liable for the BID levy” in this Schedule shall be construed as regards the notice as references to the partners or trustees jointly). (6) Where BID arrangements are terminated under this regulation the relevant billing authority shall, as soon as is reasonably practicable, give notice of the termination in writing to each person liable for the BID levy and the notice shall include an explanation of whether a repayment under regulation 14(4) is to be made. the nature and extent of the conflict referred to in paragraph (1)(a) of regulation 12; in relation to paragraph (1)(b) of regulation 12, the structure of the proposed BID levy and how the financial burden of the BID is to be distributed amongst ratepayers in the geographical area of the BID; the extent to which the BID proposer discussed the BID proposals with the authority before submitting the BID proposals to the authority under regulation 4; whether, after the date on which the notice pursuant to regulation 4(2)(a)(ii) is received, the relevant billing authority changed any policy formally adopted by and contained in a document published by the authority so that such policy then conflicted with the BID proposals; and. (3) Where BID arrangements are altered pursuant to this regulation—, (a)the billing authority shall ensure the BID arrangements (as altered) are made by the time those BID arrangements (as altered) are to come into force; and, 18.—(1) The relevant billing authority may terminate BID arrangements where—, (a)in the opinion of the authority, the BID body will have insufficient finances to meet its liabilities for the current chargeable period and the authority has—, (i)offered the BID body a reasonable opportunity to arrange for financing the shortfall or for a reduction in the works or services under the BID arrangements which is sufficient to offset the shortfall; and, (ii)given those persons who are liable to the BID levy an opportunity, at a public meeting, to make representations in relation to the termination of the BID arrangements; or, (b)the authority is unable, due to any cause beyond the control of the authority, to provide works or services which are necessary for the BID to continue and the authority has—, (i)where there is a BID body, consulted the BID body and conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate; and. (b)where a local authority BID body is responsible for implementing the BID arrangements, a consultation between the relevant billing authority and such representatives of the business community for the geographical area of the BID as the authority considers appropriate. “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(8). the requirement to pay those amounts shall apply as if the notice were valid. (3) For the purposes of section 51(3) of the Act, the prescribed matters to which the relevant billing authority shall have regard in deciding whether to exercise its veto are—. (7) Regulation 23(1) and (2) of the 1989 Regulations applies to proceedings to enforce a liability arising under this paragraph as it applies to other proceedings under this Schedule. (7) Where distress has been made against one person only, a warrant of commitment may be applied for against that person. (2) Paragraph (1) shall not apply to any notice required or authorised to be given to or served by a billing authority on any person by Schedule 4 or any information required by paragraph 3(2) of that Schedule. 4.—(1) Each ballot shall be a postal ballot. Welcome to Downtown Toms River. (c)any other means of conveyance and delivery for which a licence is not required, pursuant to section 7 of the Postal Services Act 2000. his executor or administrator shall, subject to sub-paragraph (3) and to the extent that it is not in excess of the deceased’s liability (including relevant costs payable by him) in respect of the BID levy, be liable to pay the sum and may deduct out of the assets and effects of the deceased any payments made (or to be made). (6) Where two or more requests relate to the same ballot, the Secretary of State may decide those requests together. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. (a)a statement of the works or services to be provided, the name of who will provide them (the name of the BID body or local authority BID body) and the type of body the provider is (whether a local authority, a company under the control of the authority, a limited company or a partnership); (b)a statement of the existing baseline services (if any) provided by the relevant billing authority or other public authority; (c)a description of the geographical area (including a map showing that area) in which the proposed BID arrangements are to have effect; (d)a statement of whether all non-domestic ratepayers in the geographical area or a specified class of them are to be liable to the BID levy, an explanation of how the amount of the BID levy to be levied is to be calculated and an explanation of whether any of the costs incurred in developing the BID proposals, holding of the ballot or implementing the BID are to be recovered through the BID levy; (e)a statement of the specified class of non-domestic ratepayer (if any) for which and the level at which any relief from the BID levy is to apply; (f)a statement of whether the BID arrangements may be altered without an alteration ballot and, if so, which aspects of the BID arrangements may be altered in this way; (g)a statement of the duration of the BID arrangements; and. Sunderland Business Improvement District is a business led, working partnership with one clear vision – to create a vibrant city centre and opportunities for everyone. 10.—(1) One ballot paper shall be issued in respect of each person entitled to vote in the BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, in respect of each hereditament for which he is entitled to vote. 1.Application, citation, commencement and interpretation, 2.Obtaining information from billing authority for the purpose of developing BID proposals, 4.BID proposals, renewal proposals, alteration proposals and preliminary procedures, 5.Instructions to hold a BID ballot, renewal ballot, alteration ballot or re-ballot, 7.Arrangements for holding a ballot and conduct of a ballot, 11.Obtaining information from billing authority for the purpose of canvassing, 16.Alteration of BID arrangements without an alteration ballot, 17.Alterations of the BID arrangements following a ballot, 21.Electronic communication of requests, applications or notices, CONTENT OF BID PROPOSALS, RENEWAL PROPOSALS OR ALTERATION PROPOSALS. (a)a liability order has been made against more than one person in respect of an amount; and. (13) For the purposes of sub-paragraph (12), the relevant person is the person against whom the liability order was first made in respect of the amount or, if there are more than one such person, such one of them as the court considers appropriate. The ballot holder shall, at least 42 days before the day of the ballot—. (i)the billing authority and that person have agreed for that purpose that any documents containing the notice or information may be accessed by that person on a website; (ii)the document is a document to which that agreement applies; (iii)the billing authority has published the document on a website; and, (iv)that person is notified, in a manner for the time being agreed for those purposes between him and the billing authority, of—. The hereditament or the principal place of business within England of the BID arrangements demand notices.... 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