business improvement district regulations

(6) Where a notice given pursuant to paragraph (3)(a) to a person who is liable for the BID levy relates to a time in the relevant year when paragraph (2)(a) applies and a time when paragraph (2)(b) applies, any payment made by the person under the notice shall be treated as being made towards satisfaction of the amount for which he is solely liable unless and until his liability in respect of that amount is discharged. (d)the aggregate rateable value of each hereditament in respect of which a person voting in the ballot has voted in favour of the question asked. 13. S.I. These Regulations make provision in relation to business improvement districts. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 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 shall send a notice in writing explaining the reason for and the effect of the alteration to each person liable for the BID levy; and. 3.—(1) Subject to sub-paragraph (2), the matters which shall be included in alteration proposals are a description of how it is proposed the BID arrangements are to be altered in relation to each of the following—. It serves as the District’s official policy for the use of both private and public lands, as well as the Comprehensive Plan for the Cities of Bay Lake and Lake Buena Vista. (c)make arrangements for the amount so calculated to be credited against any liability by way of non-domestic rates of each previous levypayer or, where there is no liability for that person by way of non-domestic rates, for the amount to be refunded to that person. a defined area in which a levy is charged on all business rate payers in addition to the business rates bill The matters which shall be included in renewal proposals are—, (a)a statement of the proposed period (not exceeding 5 years) of the renewed BID arrangements; and. no liability order need be applied for in respect of it after the deceased’s death under regulation 12 of the 1989 Regulations, and. regulation 23(4) shall be read as if for the word “paragraph (3)(a) in the case in question, or sets a multiplier in substitution so that paragraph 10(4) of Schedule 7 to the Act applies in the case in question” there were substituted a reference to paragraph 8(2) of this Schedule. 2002/1308. (7) Where the ballot holder refuses an application to appoint a proxy, he shall notify the applicant in writing of his decision and of the reason for it. The ballot holder shall, at least 42 days before the day of the ballot—. 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. (8) Where any sum paid in respect of an amount calculated by reference to paragraph (2)(b) falls to be repaid, it may be repaid to such of the persons concerned as the billing authority considers appropriate. (6) Where distress has been made against more than one person in respect of an amount, a warrant of commitment may be applied for at any time against one of them or different warrants may be applied for against more than one of them. (2) The ballot holder, having made the certification under sub-paragraph (1), shall—, (a)forthwith make a declaration of the matters so certified; and. a description of the matters on which it is intended to spend the revenue from the BID levy in the financial year. Business improvement districts are provided for in Part 4 of the Local Government Act 2003 as areas within which projects specified in the BID arrangements are to be carried out for the benefit of that district or those who live, work or carry on any activity in the district. (2) Where references are made in this Schedule to the day on which a notice is issued, they shall be taken to be references—, (a)if the notice is served in the manner described in sub-paragraph (4) below or section 233(2) of the Local Government Act 1972(11) by being left at, or sent by post to, a person’s place of business or proper address, to the day on which it is so left or posted, or. On November 16, 2016, the City of Palm Springs adopted Ordinance 1903 (available below). 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 6; 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. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. (2) For the purposes of section 51(2) of the Act, the prescribed period is 14 working days from the day of the ballot. (b)after the deceased’s death a sum would, but for his death (and whether or not on the service of a notice) become payable by him under this Schedule in respect of a BID levy. (d)a description of the matters on which it is intended to spend the revenue from the BID levy in the financial year. by other means but while in electronic form; “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(6) applies but otherwise excluding any hereditament to which regulations made under section 64(3)(b) of the 1988 Act apply; “liability order” has the meaning given in regulation 10 of the 1989 Regulations; “local authority 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(7)) is responsible for implementing the BID arrangements, that person; “person entitled to vote” has the meaning given in regulation 8; “re-ballot” means a BID ballot, renewal ballot, or alteration ballot, as the case may be, which is required to be arranged pursuant to regulation 9(10); “relevant billing authority” means the billing authority for the geographical area of the BID; “renewal ballot” means a ballot under section 54(2) of the Act; “renewal proposals” means proposals in relation to the renewal of the BID arrangements under section 54(2) of the Act; “veto” means a veto by the relevant billing authority pursuant to section 51(2) of the Act; “veto notice” means a notice given by a billing authority pursuant to section 51(4) of the Act; and. (5) Where a notice is given pursuant to paragraph (3)(a) to more than one person in respect of the same amount, the billing authority shall notify that fact to each person to whom notice is so given. 5.—(1) Subject to sub-paragraph (2), a demand notice shall be served on or as soon as practicable after—, (a)except in a case falling within paragraph (b), the first day of the relevant period; or. in the case of a partnership, in the manner described in section 233(3)(b) of the Local Government Act 1972 (“the 1972 Act”); or. 20. (9) Where a liability order has been made against more than one person in respect of an amount—, (a)steps by way of distress, commitment, bankruptcy or winding up may not be taken against a person in respect of the amount while steps by way of another of those methods are being taken against him in respect of it; and. (3) At the same time there shall be issued to each person entitled to vote or, if applicable, his proxy–, (a)a statement prepared by the ballot holder providing an explanation of the BID arrangements and the arrangements for the ballot; and. Regulation 12 prescribes the circumstances in which a billing authority may veto BID proposals, the period within which this is to be done and matters to which the authority is to have regard in deciding whether to exercise the veto. (7) For the purposes of any time to which paragraph (2)(b) applies, where the description of the person who is to be liable for the BID levy in the BID arrangements under section 46 of the Act requires that the ratepayer should be a charity or trustees for a charity this shall be treated as met if one or more of the persons jointly and severally liable is a charity or (as the case may be) some or all of them are trustees for a charity. (a)is transmitted by electronic communication; (c)is capable of being used for subsequent reference. (5) The BID body shall notify the relevant billing authority in writing of its intention to terminate the BID arrangements under paragraph (2) at least 28 days before the date of the termination. Ballot timetable . The State of Wisco… (a)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. the publication of the document on a website; the place on the website where the document may be accessed. 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. 1. 16. any amount by which, in the opinion of the authority, any provision debited to the account for a previous year under sub-paragraph (b) of that item should be reduced. (5) Where the 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 shall send a notice in writing explaining the reason for and the effect of the alteration to each person liable for the BID levy; and. (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. (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. (c)a statement of the days (if any) on which, for the purposes of calculating the payments required to be made under the notice, it was understood that the person who is liable for the BID levy in respect of the hereditament fell within the description in the BID arrangements of persons who are to be liable for the BID levy for the chargeable period in question. The basics of a Business Improvement District 7 5. 14.—(1) Where persons are liable to pay an amount to which paragraph 12(2)(b) applies as partners in consequence of the service of a notice pursuant to paragraph 12(3)(b), a liability order in relation to it may be applied for and made against them in their firm name; and such an order shall be as effective as if orders were made against each partner concerned in respect of his liability for that amount. Minneapolis and Boston have been the last of the top 20 largest regions to adopt a business improvement district. (c)provision for adjusting the amounts required under the notice and (as appropriate) for the making of additional payments or the repaying or crediting of any amount overpaid is not made by any other provision of this Schedule or of any agreement entered into under paragraph 7(3). is a non-domestic ratepayer in relation to a hereditament situated in the area to be comprised in such proposals; has an interest in land (situated in the area to be comprised in such proposals) as freeholder, mortgagee or lessee, or directly or indirectly receives rent for the land (whether or not he is a non-domestic ratepayer in relation to that land); or, is a body (whether corporate or not corporate) one of whose purposes is developing BID proposals; and, a copy of the BID proposals, alteration proposals or renewal proposals, as the case may be, together with a summary of—. Provision is also made for inspection of the information to any person and for the restriction of the use of the information. 6.—(1) Every person attending the proceedings in connection with the issue or the receipt of ballot papers shall maintain and aid in maintaining the secrecy of the voting and shall not attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the way in which any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings. (2) Notwithstanding anything in sub-paragraph (1), the provisions of this Schedule shall apply to the Crown as it applies to other persons. as soon as reasonably practicable give public notice of the matters so certified. The First Secretary of State, in exercise of the powers conferred by section 150(1), (2) and (3) of the Local Government and Housing Act 1989(1) and sections 47(4), 48(1) and (2), 49(2), 51(2) and (3), 52(2), 54(4) and (5), 55(1) and (2), 56(1) and 123(2) of the Local Government Act 2003(2) and having consulted with such representatives of local government as appear to him to be appropriate, hereby makes the following Regulations, a draft of which has been laid before, and approved by a resolution of, each House of Parliament: 1.—(1) These Regulations, which apply in England only, may be cited as the Business Improvement Districts (England) Regulations 2004 and shall come into force on the day after the day on which they are made. Regulation 9 confers a power on the Secretary of State to declare ballot void in cases of material irregularity and procedures connected therewith. remove the name of the proxy from the record kept under paragraph 3(b). that the ballot will be taken entirely by post, with votes to be returned by 5p.m. 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—. details stated within Schedule 1 to the BID Regulations (the Business Improvement Districts (England) Regulations 2004) prior to proceeding to ballot. (2) On receipt of the spoilt ballot paper, the ballot holder shall issue another ballot paper, except where those documents are received later than 3 working days before the day of the ballot. of the number of persons entitled to vote in the BID ballot, renewal ballot, alteration or re-ballot, as the case may be; or, the BID arrangements, the renewed BID arrangements or the alterations to the BID arrangements, to which the ballot declared void relates, shall not come into force on the commencement date; and. (5) Postage shall be prepaid on envelopes in which the ballot paper is issued and return postage shall be prepaid on all return envelopes. or more of the persons who are to be liable for any proposed BID levy. (2) Each ballot paper may have a number or barcode printed on the back.. (3) The box in which a vote may be marked on the ballot paper shall not be less than 1.5 centimetres square. (3) A ballot paper on which the vote is marked—, (a)elsewhere than in the proper place; or, (b)otherwise than by means of a cross; or. By 1996 there were over 1,000 BIDs in the United States. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. the aggregate rateable value of each hereditament in respect of which a person voting in the ballot has voted in favour of the question asked. (b)subject to sub-paragraph (10), steps by way of distress may not be taken against a person in respect of an amount whilst steps by way of distress are being taken against one of the others in respect of it. Regulation 10 enables a billing authority to recover the costs of a BID ballot or a renewal ballot from the BID proposer or BID body in the prescribed circumstances. the liability of the executor or administrator is a liability in his capacity as such. of the number of persons entitled to vote in the BID ballot, renewal ballot, alteration or re-ballot, as the case may be; or. (h)regulation 23(4) shall be read as if for the word “paragraph (3)(a) in the case in question, or sets a multiplier in substitution so that paragraph 10(4) of Schedule 7 to the Act applies in the case in question” there were substituted a reference to paragraph 8(2) of this Schedule. Different options to open legislation in order to view more content on screen at once. The BID covers the town centre and adds an extra levy on businesses within the BID in order to provide additional and improved services. (2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not communicate any information obtained at the counting of the votes as to the way in which any vote is given on any particular ballot paper. (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. (b)the liability of the executor or administrator is a liability in his capacity as such. https://www.gov.scot/policies/regeneration/business-improvement-districts-bids a statement of the address and description of each hereditament to which the notice relates; a statement explaining how the BID levy is calculated for each hereditament to which the notice relates; and. 1994/2421; relevant amendments are by S.I. (2) Where a BID proposer decides to seek approval of BID proposals in a BID ballot or the 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 BID proposals, alteration proposals or renewal proposals, as the case may be, together with a summary of—. Business Improvement Districts [BIDs] provide a wide range of essential services across hundreds of business communities, not least safety and security, marketing and promotion, clean and attractive space and a whole range of business support services. where a local authority BID body is responsible for implementing the BID arrangements, conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate. in which the information encoded in the marks cannot be decoded when read only by the human eye; “BID” means business improvement district; “BID ballot” means a ballot under section 49(1) of the Act; “BID body” means, where a local authority BID body is not responsible for implementing the BID arrangements, the body (whether corporate or not corporate) responsible for the implementation of the arrangements; “BID proposer” means a person who draws up BID proposals; “commencement date” subject to regulation 9(12), means the day, pursuant to section 53 of the Act, the BID arrangements are to come into force; “data form” means information which is in a form which 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 a telecommunication system (within the meaning of the Telecommunications Act 1984(5)); or. subject to paragraph (13), the BID arrangements, the renewed BID arrangements or the alterations to the BID arrangements, if subsequently approved in the re-ballot, shall come into force on such day as the relevant billing authority determines. (10) The Secretary of State shall notify the complainant, the relevant billing authority and the BID proposer or the BID body, as the case may be, in writing of his decision and where he declares void a BID ballot, renewal ballot, alteration ballot or re-ballot, he shall notify the relevant billing authority in writing requiring it to arrange for a re-ballot or, as the case may be, a further re-ballot to be held. Person in respect of an amount ; and the fee ( if any ) imposed by the fee if! Dynamic downtown ’ s details on the website Where the relevant billing authority under paragraph ( 5 ) capable... Shown in the United States be accessed s in the ballot paper referred! Changes we have not yet applied to the BID arrangements are no longer ;. Return of the veto business within England of the proxy ’ s identity ( collection and Enforcement ) ( ). Declare ballot void in cases of material irregularity ” means— collection and Enforcement ) ( b the. 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