2021 No. 1204 (W. 301)
The Valuation for Rating (Wales) (Coronavirus) Regulations 2021
Made
Laid before Senedd Cymru
Coming into force
Title, commencement and applicationI11
1
The title of these Regulations is the Valuation for Rating (Wales) (Coronavirus) Regulations 2021 and they come into force at 6.00 p.m. on 1 November 2021.
2
These Regulations apply in relation to Wales.
Valuation of hereditamentsI22
1
This regulation applies to a hereditament where, but for these Regulations, the rateable value shown in a 2017 list for that hereditament would be affected as a result of—
a
either or both of the respective Welsh Government response and the UK Government response to coronavirus;
b
any requirement of, or advice or guidance from—
i
a public authority in the United Kingdom;
ii
the Welsh Government, the Scottish Government, the Northern Ireland Executive or the UK Government;
iii
the government of a country or territory outside of the United Kingdom;
in response to the serious and imminent threat to public health posed by the incidence and spread of coronavirus;
c
measures taken by any person to ensure compliance with health and safety legislation.
2
For the purposes of determining the rateable value of a hereditament to which this regulation applies for any day on or after 1 November 2021, in applying the provisions of sub-paragraphs (1) to (7) of paragraph 2 of Schedule 6 to the Local Government Finance Act 1988 it must be assumed that—
a
on that day the response, requirement, advice or guidance referred to in regulation 2(1)(a) and (b) had not occurred, and
b
the measures necessary to ensure compliance with health and safety legislation are the measures that were necessary on 1 April 2015 to comply with such legislation.
3
In this regulation—
-
“2017 list” (“rhestr 2017”) means a local or central non-domestic rating list compiled on 1 April 2017;
-
“coronavirus” (“y coronafeirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
-
“health and safety legislation” (“deddfwriaeth iechyd a diogelwch”) has the same meaning as the definition of “the relevant statutory provisions” in section 53 of the Health and Safety at Work etc. Act 19743;
-
“hereditament” (“hereditament”) has the meaning set out in section 64 of the Local Government Finance Act 1988;
-
“public authority” (“awdurdod cyhoeddus”) means a person with functions of a public nature;
-
“UK Government response” (“ymateb Llywodraeth y DU”) means—
- a
the Coronavirus Act 20204 or anything done by the UK Government under or by virtue of that Act;
- b
any—
- i
regulations made by the Secretary of State under section 45C(1), (3)(c), (4)(d), 45F(2) or 45P of the Public Health (Control of Disease) Act 19845;
- ii
other enactments made, or anything done under or by virtue of an enactment made, by the UK Government;
- iii
guidance or advice issued by the UK Government;
- i
in response to the serious and imminent threat to public health posed by the incidence and spread of coronavirus;
- a
-
“Welsh Government response” (“ymateb Llywodraeth Cymru”) means—
- a
the Coronavirus Act 2020 or anything done by the Welsh Ministers under or by virtue of that Act;
- b
any—
- i
regulations made by the Welsh Ministers under section 45C(1) to (4), 45F(2) or 45P of the Public Health (Control of Disease) Act 1984;
- ii
other enactments made, or anything done under or by virtue of an enactment made, by the Welsh Ministers;
- iii
guidance or advice issued by the Welsh Ministers;
- i
in response to the serious and imminent threat to public health posed by the incidence and spread of coronavirus.
- a
(This note is not part of the Regulations)