The ballot holder shall, at least 42 days before the... (1) Each ballot shall be a postal ballot. S.I. (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) Paragraph (1) shall not apply unless, by the date which is 28 days after the notice of the result is published pursuant to paragraph 17 of Schedule 2, a person (“the complainant”), being a person or group of persons referred to in paragraph (4), has made a request (by notice given in writing) to the Secretary of State to exercise his powers under this regulation, specifying the reason for such a request. BUSINESS IMPROVEMENT DISTRICTS (ENGLAND) REGULATIONS 2004 . (b)the act or omission did not affect its result. 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. (4) The persons mentioned in paragraph (3) are—, (b)at least 5 per cent. (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) A billing authority must when it serves a demand notice supply to the person to whom the notice is served the following information—. the relevant billing authority shall supply a copy of the information in the document it is required to prepare under paragraph (1) to the person or group of persons concerned in data form. (2) If a liability order is made against partners in their firm name in respect of an amount and no order has earlier been made against another person in respect of it, references in paragraph 13(12) to the relevant person shall be construed as references to the partnership. IMPOSITION, ADMINISTRATION, COLLECTION, RECOVERY AND APPLICATION OF THE BID LEVY, if the notice is served in the manner described in sub-paragraph (4) below or section 233(2) of the Local Government Act 1972(. (a)calculate the amount of the credit to the BID Revenue Account (after the deduction referred to in paragraph (3) has been made) which is to be credited or refunded to each previous levypayer; (b)ensure the amount to be credited or refunded to each previous levypayer is calculated by reference to the amount of the BID levy each previous levypayer was liable to pay for the last chargeable period of the BID arrangements; and. Access essential accompanying documents and information for this legislation item from this tab. (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. 7. in any other case shall (as the relevant billing authority determines) either be repaid or be credited against any subsequent liability of the person who is liable for the BID levy to pay anything to it by way of the BID levy or non-domestic rate. (4) Where a liability order has been made against partners in their firm name in respect of an amount, paragraph 13(9)(b) does not preclude distress being levied against partnership property with respect to that amount; and in any subsequent proceedings under regulation 16 of the 1989 Regulations, the partners shall be treated as jointly and severally liable for charges arising under Schedule 3 to those regulations from such a distress. (7) A person who has notified an address for the purpose of sub-paragraph (5)(a) shall, by notice in writing to the billing authority, advise the billing authority of any change in that address; and the change shall take effect on the third business day after the date on which the notice is received by the billing authority. 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–. on the fifth day before the date of the poll at that election. shall be repaid if the person who is liable for the BID levy so requires; or. 3. 20. 3. (8) A copy of the representations made by one party shall be sent by the Secretary of State to the other parties and shall be accompanied by a statement explaining the effect of paragraph (9). (b)in the case of a trust, by being served on one of the trustees; and where such a notice falls to be served on a partnership, a person having control or management of the partnership business or a trust under this paragraph, the proper address of the partnership, person or trust (as the case may be) shall include (as well as the address mentioned in section 233(4) of the 1972 Act) any place of business which is a hereditament to which the notice relates. 15. (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. of the number of persons entitled to vote in the BID ballot, renewal ballot, alteration or re-ballot, as the case may be; or. (5) Where a liability order is made against partners in their firm name, regulation 18(2) of the 1989 Regulations shall have effect as if the reference to a company included a reference to the partnership and the reference to section 221(5)(b) of the Insolvency Act 1986(14) were—, (a)in a case where article 7 of the Insolvent Partnerships Order 1994(15) applies, a reference to section 221(5)(c) as applied by that article; or. (5) Where a further notice is issued under sub-paragraph (4), paragraphs 5 to 8 shall apply to the further notice with respect to the period referred to in sub-paragraph (4) as if it were a demand notice and the person had not previously fallen within the description of person to be liable to the BID levy specified in the BID arrangements. (2) Any ballot paper which is unsigned, unmarked or void for uncertainty shall, subject to sub-paragraph (3), be void and not counted. is transmitted by electronic communication; is capable of being used for subsequent reference. 1989/1060). Regulation 9 confers a power on the Secretary of State to declare ballot void in cases of material irregularity and procedures connected therewith. (b)notification of its publication was given in accordance with sub-paragraph (5)(b)(iv). These Regulations make provision in relation to business improvement districts. Welcome to Downtown Toms River. The expenditure of the authority for the year in respect of the BID arrangements (including sums paid to a third party to undertake the works or services under the BID arrangements). 1993/616. explains the arrangements for the ballot; explains that regulation 4(3) allows that person to request a copy of the BID proposals from the BID proposer; and, provides the name and address of the BID proposer; and. Regulation 11 provides for the billing authority to supply information from its non-domestic rates records for the purpose of canvassing in relation to a ballot. 13.—(1) Part 3 of and Schedules 2 to 4 to the 1989 Regulations, shall have effect, with the following modifications, for the recovery of a sum for which persons are liable under section 46 of the Act as applied by paragraph 12. (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. may be so given, served or supplied by sending the notice or information to that person by electronic communication to such address as may be notified by that person for that purpose; or, shall be treated as given, served or supplied to that person where—. 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. (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. (2) Subject to paragraph (3), a BID proposer shall, at least 84 days before sending the notice required under regulation 4(2)(a)(ii), notify the relevant billing authority and the Secretary of State in writing of the proposer’s intention of asking the relevant billing authority to put the BID proposals to a ballot. 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 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. 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. notify the person entitled to vote in writing that the appointment has been cancelled; notify the person whose appointment as proxy has been cancelled in writing, unless the ballot holder has previously been notified by that person that he no longer wishes to act as proxy; and. (2) No later than 42 days before day of the ballot, the ballot holder may postpone the day of the ballot by up to 15 working days. the level of support (as evidenced by the result of the BID ballot or re-ballot of a BID ballot, as the case may be) for the BID proposals; the nature and extent of the conflict referred to in paragraph (1)(a); in relation to paragraph (1)(b), 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; and. (6) Where a liability order is made against partners in their firm name, paragraph 13(9)(a) does not preclude insolvency proceedings being brought against the partnership as well as against members of the partnership, and those proceedings being dealt with in accordance with the Insolvent Partnerships Order 1994. (aa)the consultation it has undertaken with those persons who are to be liable for the proposed BID levy; (bb)the proposed business plan (including the estimated cashflow, an estimate of the predicted revenue to be generated and the predicted expenditure to be spent under the BID arrangements, the predicted budget over the duration of the BID arrangements and the contingency margin included in the budget); and, (cc)the financial management arrangements for the BID body, and the arrangements for periodically providing the relevant billing authority with information on the finances of the BID body; and, (ii)a notice in writing requesting the relevant billing authority to instruct the ballot holder to hold a BID ballot in relation to the BID proposals, an alteration ballot in relation to the alteration proposals or a renewal ballot in relation to the renewal proposals, as the case may be; and. Sums received by the authority for the year in respect of services or facilities provided by it (excluding contributions made by it to the BID under section 43(2)(a) of the Act) under the BID arrangements. 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, an order or warrant (as the case may be) was made by the court in respect of them under regulation 12(6)(b)or (7) or 16(4)(b) of the 1989 Regulations, or in proceedings under regulation 20 of the 1989 Regulations; or. (9) As soon as reasonably practicable after a decision has been made, the Secretary of State shall send notice of his decision in writing to the appellant and the relevant billing authority. 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. (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. The basics of a Business Improvement District 7 5. (2) The ballot holder may by writing under his hand appoint one or more persons to discharge all or any of his functions under these Regulations. This is to give notice that a renewal ballot is to be held on the proposal oMilngavief Town Centre BID Ltdto continue operating the Business Improvement District (BID) (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. Our mission is to make Historic Kailua Village a model sustainable community that is a better place to invest, work, live and play in West Hawaii (Kona). 2. (a)a universal service provider (as defined in the Postal Services Act 2000(10)); (b)any other holder of a licence under Part 2 of the Postal Services Act 2000 whose licence permits it to convey such papers from one place to another; or. 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. The ballot holder shall make such arrangements as he thinks fit to ensure that every person attending at proceedings in connection with the issue or receipt of ballot papers or the counting of the votes has been given a copy in writing of the provisions of paragraph 6. 8. (d)a description of the matters on which it is intended to spend the revenue from the BID levy in the financial year. as regards any time in a chargeable period when there is more than one such person who is liable for the BID levy, those persons shall be jointly and severally liable to pay the amount that would have been payable by way of the BID levy with respect to that time if there were only one such person. (b)the BID body or local authority BID body, as the case may be, is unable, due to any cause beyond its control, to provide works or services which are necessary for the BID to continue. 1989/1060; relevant amendments are made by S.I. The Reedy Creek Improvement District 2020 Plan is intended to provide the basis for future decisions regarding land use, development, conservation and infrastructure. 4. Regulation 19 provides for the supply of information by the billing authority to the ballot holder for the purposes of carrying out his functions under the Regulations. (5) Each ballot paper for a BID ballot, or a re-ballot in relation to a BID ballot, shall include the following wording—, (6) Each ballot paper for a renewal ballot, or re-ballot in relation to a renewal ballot, shall include the following wording—, (7) Each ballot paper for an alteration ballot, or re-ballot in relation to an alteration ballot, shall include the following wording—. S.I. 14.—(1) Schedule 3 shall have effect with respect to the keeping of the BID Revenue Account, as follows —. 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. 12.—(1) This paragraph applies in any case where (apart from this paragraph) there would at a particular time be more than one person who is liable for the BID levy for a hereditament, or of part of such a hereditament. in any other case, to the day on which it is served. calculate the amount of the credit to the BID Revenue Account (after the deduction referred to in paragraph (3) has been made) which is to be credited or refunded to each previous levypayer; ensure the amount to be credited or refunded to each previous levypayer is calculated by reference to the amount of the BID levy each previous levypayer was liable to pay for the last chargeable period of the BID arrangements; and. 15.—(1) Where a ballot paper is received which bears the same number or barcode as a ballot paper already received, both that ballot paper and the other ballot paper bearing the same number or barcode (as the case may be) shall be void and not counted. The State of Wisco… 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) If a demand notice is issued during the relevant period but sub-paragraph (1) does not apply, the notice shall require payment of an amount equal to the amount payable for the period in the period up to the day on which the person last fell within the description of person to be liable to the BID levy specified in the BID arrangements as regards the hereditament concerned. 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. All content is available under the Open Government Licence v3.0 except where otherwise stated. (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. (13) The day determined under paragraph (12) shall be no later than a year after the date of the notice of the result is published pursuant to paragraph 17 of Schedule 2. (3) Where paragraph (1) applies, the BID arrangements must include a provision describing the procedure to make the alteration. 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. (6) Where the ballot holder grants an application for the appointment of a proxy, he shall–, (a)confirm by notice in writing to the person entitled to vote that the proxy has been appointed, his name and his address; and. on the tenth day before the day of the ballot. BUSINESS IMPROVEMENT DISTRICTS (ENGLAND) REGULATIONS 2004 BUSINESS IMPROVEMENT DISTRICT FOR ACTON DECLARATION OF RESULT – 06/07/2018 As an agent of the ballot holder for the Acton Business Improvement District ballot I certify as follows: Total number of votes cast in the ballot, excluding any given on ballot papers rejected 153 (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. 7.—(1) Unless 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 on expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (b)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. Minneapolis and Boston have been the last of the top 20 largest regions to adopt a business improvement district. they are charges connected with distress which may be recovered pursuant to regulation 14(2)(b) of the 1989 Regulations. (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. (2) On receiving a request (made in accordance with paragraph (3)) from–. (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. (5) An application to appoint a proxy shall be refused for the purposes of a particular ballot if it is received by the ballot holder after 5p.m. 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. 16. (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. 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. (5) Where paragraph (3) does not apply, the relevant billing authority shall carry the credit balance in the BID Revenue account to the credit of its general fund. At least 42 days before the day of the ballot (paragraph 3). Downtown Toms River is one of the most diverse and dynamic downtown’s in the region. (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. 13.—(1) A person (“the appellant”) who wishes to appeal against a veto under section 52(1) of the Act shall serve on the Secretary of State, within 28 days of the veto notice being given by the relevant billing authority under section 51(4) of the Act, a notice in writing (“the appeal notice”) accompanied by a statement of the reasons for which the appeal is made. The Ballot Process 11 7. 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. 17. (a)the total number of votes cast in the ballot excluding any votes given on ballot papers rejected under paragraph 15; (b)the aggregate rateable value of each hereditament in respect of which a person voted in the ballot; (c)the total number of votes cast in favour of the question asked in the ballot; and. forthwith make a declaration of the matters so certified; and. 11. (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). where a local authority BID body is responsible for implementing the BID arrangements, the relevant billing authority has conducted a consultation with such representatives of the business community for the geographical area of the BID as the authority considers appropriate. (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. (1) Subject to sub-paragraph (2), the matters which shall be... RULES FOR BID BALLOTS, RENEWAL BALLOTS AND ALTERATION BALLOTS. (2) On receipt of the appeal notice the Secretary of State shall—, (a)notify the appellant and the relevant billing authority, in writing, that he has received the appeal notice; and. (a)the level of support (as evidenced by the result of the BID ballot or re-ballot of a BID ballot, as the case may be) for the BID proposals; (b)the nature and extent of the conflict referred to in paragraph (1)(a); (c)in relation to paragraph (1)(b), 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; (d)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; and. (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. (4) If, after a notice is served to which sub-paragraph (3) applies, the person again falls within the description of person to be liable to the BID levy specified in the BID arrangements in the relevant period as regards the hereditament concerned, a further notice shall be served on him requiring payments with respect to the amount payable in relation to the hereditament for the period in the relevant period beginning with the day in respect of which the person so falls within the said description again. a statement prepared by the ballot holder providing an explanation of the BID arrangements and the arrangements for the ballot; and. (b)include the proxy’s details on the list referred to in paragraph 3(b). (b)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. 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