business improvement district regulations

(b)has no reason to doubt that the voter did not receive the original ballot paper; (4) Where a ballot voter applies in person, the ballot holder may hand a replacement ballot paper to him instead of delivering it in accordance with paragraph 10. 13. 9. (10) Where a liability order has been made against more than one person in respect of an amount and in making distress against one of them goods jointly owned by him and another of them are found, paragraph (9)(b) does not preclude distress being levied against those goods with respect to that amount; but in any subsequent proceedings under regulation 16 of the 1989 Regulations, charges arising under Schedule 3 to the 1989 Regulations from such a distress shall be treated as charges relating to the person against whose goods the levy was intended to be made when the jointly owned goods were found, and not as charges relating to the other. 8.—(1) Subject to paragraph (3), a person shall be entitled to vote in a BID ballot, an alteration ballot or a re-ballot in respect of a BID ballot or an alteration ballot if, on the date the ballot holder publishes the notice under paragraph 3(a) of Schedule 2, he falls within the class of non-domestic ratepayers to be liable for the BID levy described in the BID proposals or the alteration proposals, as the case may be. 1990/145, 1991/141, 1991/1127, 1992/474, 1992/1512, 1993/774, 1993/894, 1993/1493, 1995/212 and 1998/3089. (a)before the deceased’s death a sum has become payable by him under this Schedule or by way of relevant costs in respect of a BID levy but has not been paid; or. severally to each or any of the persons who is liable for the BID levy concerned from whom payment is demanded; or. (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. 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. the amounts required to be paid under the notice were demanded in accordance with paragraph 3(1), except in a case falling within paragraph (b), the first day of the relevant period; or. (9) A person who has entered into an agreement with the billing authority under sub-paragraph (5)(b)(i) may, by notice in writing to the billing authority, inform the authority that he no longer wishes to be a party to the agreement; and where such notice is given, the agreement shall be treated as revoked on the third business day after the date on which the notice is received by the billing authority. (3) The costs referred to in paragraph (2) include any expenses properly incurred by the ballot holder and charged to the relevant billing authority pursuant to regulation 20. (a)be made in writing to the relevant billing authority; (b)confirm that the person making the request intends to make use of the information requested only for the purpose of developing the BID proposal described in the request made pursuant to paragraph (1); (c)provide a summary of the nature of the BID proposals to be developed; (d)provide the description of 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. It should satisfy itself that all of these elements have been included in the BID proposals prior to giving the go … 3. The proceedings of the ballot shall be conducted in accordance with the following Table. 11. a description of the matters on which it is intended to spend the revenue from the BID levy in the financial year. (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. (b)a summary of the BID arrangements (including the geographical area of the BID, the works or service provided, an explanation of who is liable for the BID levy, the level of the BID levy and how it is calculated). cause any person to be liable to pay the BID levy who was not previously liable to pay; or, where there is a BID body, a consultation between the BID body and the relevant billing authority; and. PLANNING etc (SCOTLAND) ACT 2006 BUSINESS IMPROVEMENT DISTRICTS (SCOTLAND) REGULATIONS 2007 NOTICE OF BALLOT RENEWAL OF BUSINESS IMPROVEMENT DISTRICT FOR MILNGAVIE. BUSINESS IMPROVEMENT DISTRICTS (ENGLAND) REGULATIONS 2004 BUSINESS IMPROVEMENT DISTRICT FOR BRISTOL CITY COUNCIL - CITY CENTRE DECLARATION OF RESULT – 06/07/2017 As an agent of the ballot holder for the Bristol City Council - City Centre Business Improvement District ballot I certify as follows: (2) An alteration of the BID arrangements under this regulation is not to come into force unless the alteration proposals are approved by a ballot of the non-domestic ratepayers who are to be liable for the BID levy under the BID arrangements (as altered) (“an alteration ballot”) and they are not to be regarded as approved by an alteration ballot unless—, (a)a majority of the persons voting in the alteration ballot have voted in favour of the alteration proposals; and. 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. (4) An application for the appointment of a proxy shall–. 1989 c. 42. Kananaskis Improvement District Box 70, Kananaskis, Alberta T0L 2H0 Phone: (403) 591-7774 Fax: (403) 591-7123 Email: info@kananaskisid.ca Our Partners be accompanied by the fee (if any) imposed by the relevant billing authority under paragraph (5). (8) Where a liability order has been made against more than one person in respect of an amount, and a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) one of them under regulation 16(3) of the 1989 Regulations, no steps, or no further steps, may be taken against any of them by way of distress, bankruptcy or winding up in relation to the amount mentioned in regulation 16(4) of the 1989 Regulations. (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. BIDs exist in almost every one of the top 50 largest cities in the United States, including Los Angeles, Chicago, Houston, Philadelphia, Atlanta, San Francisco, Seattle, and Washington, DC. disclose to any person any information supplied to it under paragraph (1); any person who, at the date he sends BID proposals to the relevant billing authority under regulation 4(2)(a)—. Item 2: Income from BID services and facilities, Item 3: reduced provision for bad or doubtful debts, Item 4: credit balance from previous year. 7. (a)BID arrangements and those arrangements do not include a provision allowing for the arrangements to be altered without a ballot; (c)the BID levy in such a way that would—. (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. 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. (f)the cost incurred by any person up to the end of the period prescribed in regulation 12(2) in developing the BID proposals and canvassing in relation to the BID proposals. 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—. 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. 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. (a)a contravention of any requirement of these Regulations which, in the Secretary of State’s opinion, means it is likely that voting in the BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, has been affected to a significant extent by the contravention; (b)persons other than persons entitled to vote have purported to vote in the BID ballot 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; or. 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. San Diego's Business Improvement Districts (BIDs) are City-designated geographic-based areas where the business owners are assessed annually to fund activities and improvements to promote their individual business districts. (b)the aggregate of the rateable values of each hereditament in respect of which a person voting in the alteration ballot has voted in favour of the alteration proposals exceeds the aggregate of the rateable values of each hereditament in respect of which a person voting in the alteration ballot has voted against the alteration proposals. 2. Business Improvement Districts (BIDs) offer the chance for property and business owners to join together to pool funds to be used for agreed upon improvements in their respective business districts. Any debit balance shown in the account for the previous year. (11) Where the appointment of a proxy is cancelled under sub-paragraph (9), the ballot holder shall—. We were approached in 2015 by businesses in Banbury to support the establishment of a Business Improvement District (BID) in Banbury town centre, which was approved Wednesday, 15 November 2017. 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. 1989/1058; amendments are made by S.I. The ballot holder shall retain the ballot papers for six... For each year a billing authority which is required to... the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. (3) The spoilt ballot paper shall be immediately cancelled. Signed by authority of the First Secretary of State, 1.—(1) Subject to sub-paragraphs (2) and (3), the matters which shall be included in BID proposals are—. (4) The persons mentioned in paragraph (3) are—, (b)at least 5 per cent. (g)a statement of the commencement date of the alterations to the BID arrangements. 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). 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. (2) If an agreement under sub-paragraph (3) in relation to the relevant period has been reached before the demand notice is issued, a notice to which paragraph 6(1) applies shall require the estimate of the amount payable to be paid in accordance with that agreement. (3) Where paragraph (1) applies, the BID arrangements must include a provision describing the procedure to make the alteration. (6) For the purpose of any legal proceedings, a notice given by a means described in paragraph (5) shall, unless the contrary is proved, be treated as served on the second business day after—, (a)it was sent in accordance with sub-paragraph (5)(a); or. As an agent of the ballot holder for the Reading Business Improvement District ballot I certify as follows: Total number of votes cast in the ballot, excluding any given on ballot papers rejected 242 Regulation 8 provides for who is entitled to vote in a ballot. is transmitted by electronic communication; is capable of being used for subsequent reference. (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. (2) Each person entitled to vote in a BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, shall have one vote in respect of each hereditament occupied or (if unoccupied) owned by him in the geographical area of the BID. “Skip the Trip” and Use the DC Business Portal to conduct business wherever and whenever you choose. (a)any sums debited to the account for a previous year under sub-paragraph (a) of item 2 of Part 2 of this Schedule which have been recovered by the authority during the year; and. (b)the Secretary of State issues a notice under regulation 9(11) in relation to the ballot. (a)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 to which any BID proposals, alteration proposals or renewal proposals, as the case may be, relate; (b)provide a copy of the document referred to in paragraph (1)(a) to the ballot holder as soon after instructing as practicable; and. (This note is not part of the Regulations). Regulation 6 provides that the returning officer for local elections in the billing authority area is to be the ballot holder for any ballot in respect of BIDs required under the Act or these Regulations and regulation 7 and Schedule 2 make provision for the arrangements for holding a ballot and the conduct of a ballot. (4) Where the relevant billing authority is of the view that the 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 BID proposer or BID body, as the case may be, in writing explaining the nature of that conflict. 4.—(1) Each ballot shall be a postal ballot. (4) Notwithstanding anything in the preceding provisions of this paragraph, such an agreement may be entered into either before or after the demand notice concerned is issued, and may make provision for the cessation or adjustment of payments, and for the making of fresh estimates, in the event of the estimate mentioned in paragraph 6(1) turning out to be wrong; and if it is entered into after the demand notice has been issued, it may make provision dealing with the treatment for the purposes of the agreement of any sums paid before it was entered into. 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. (4) Where paragraph (3) applies the relevant billing authority shall–. (2) A billing authority must when it serves a demand notice supply to the person to whom the notice is served the following information—. No changes have been applied to the text. 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, 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—, 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, 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, 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—, 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. Regulations 14 and Schedule 3 make further provision in relation to the BID Revenue Account. The Business Improvement Districts (England) Regulations 2004 No. a defined area in which a levy is charged on all business rate payers in addition to the business rates bill (6) No person other than the ballot holder and his clerks may be present at the issue of ballot papers, unless permitted by the ballot holder to attend. 1. Minneapolis and Boston have been the last of the top 20 largest regions to adopt a business improvement district. (3) A demand notice shall be served with respect to the amount payable for every hereditament as regards which a person is liable for the BID levy, though a single notice may relate to the amount payable with respect to more than one such hereditament. (2) The address to which the ballot paper is to be sent is—, (a)the address of the hereditament or the principal place of business within England of the person entitled to vote; or. (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. shall be repaid if the person who is liable for the BID levy so requires; or. (a)a notice has been issued by a relevant billing authority under this Schedule requiring a payment or payments to be made by a person who is liable for the BID levy in respect of the amount payable in relation to a hereditament for a chargeable period or part of a chargeable period; (b)the payment or payments required to be paid are found to be in excess of or less than the amount payable in relation to the hereditament for the period or the part; and. any provision for doubtful debts which, in their opinion, should be made in respect of sums so credited. a charge has arisen as regards one of them under head B of the Table in paragraph 1 of Schedule 3 to the 1989 Regulations in respect of that amount. on the day of the ballot; prepare a list of persons entitled to vote and proxies (if any); send to each person entitled to vote or, if applicable, his proxy a statement which–. BUSINESS IMPROVEMENT DISTRICTS (ENGLAND) REGULATIONS 2004 BUSINESS IMPROVEMENT DISTRICT FOR FARRINGDON & CLERKENWELL DECLARATION OF RESULT – 28/02/2020 As an agent of the ballot holder for the Farringdon & Clerkenwell Business Improvement District ballot I certify as follows: Total number of votes cast in the ballot, excluding any Regulation 21 provides for electronic communication of notices etc. This is a draft item of legislation. Draft Regulations laid before Parliament under section 150(6) of the Local Government and Housing Act 1989 and sections 54(7) and 55(4) of the Local Government Act 2003, for approval by resolution of each House of Parliament. 19. 18.—(1) No BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, shall be declared invalid by reason of any act or omission of the ballot holder or any other person in breach of the provisions of this Schedule, if it appears to a court considering the question that—, (a)the BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, was so conducted as to be substantially in accordance with the provisions of this Schedule; and. (a)any sums credited to the account for the year or any previous year under item 1 or 2 of Part 1 of this Schedule which, in the opinion of the authority, are bad debts which should be written off; and. (5) On receipt of a request under paragraph (3) 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 that he has received the request and send a copy to each of them. Regulation 2 provides for the billing authority to supply information from its non-domestic rates records to persons developing BID proposals. (2) The ballot holder, having made the certification under sub-paragraph (1), shall—, (a)forthwith make a declaration of the matters so certified; and. (b)an envelope for the return of the ballot paper (referred to in this Schedule as the “return envelope”). the liability of the executor or administrator is a liability in his capacity as such. See section 152(5) for the definition of “prescribed”. or more of the persons who are to be liable for any proposed BID levy. 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business improvement district regulations 2021