Local Government Act 1993

A rate or charge made, or purportedly made, under Part 9 on a day ("the relevant day") before the introduction day is to be taken to have been validly made on the relevant day, and to have always been validly made on the relevant day, under this Act.

A variation, of a rate or charge, made, or purportedly made, under section 94(3), section 94(3A), section 106A(1) or section 107 on a day ("the relevant day") before the introduction day is to be taken to have been validly made on the relevant day, and to have always been validly made on the relevant day, under this Act.

A minimum amount payable set, or purportedly set, under section 90(4), section 93(3) or section 107 on a day ("the relevant day") before the introduction day is to be taken to have been validly set on the relevant day, and to have always been validly set on the relevant day, under this Act.

If, on a day ("the relevant day") before the introduction day, a council purported to vary under section 107 a minimum amount payable set, or purportedly set, under section 90(4), section 93(3) or section 107, the minimum amount as so varied is to be taken to have been validly set on the relevant day, and to have always been validly set on the relevant day, under this Act.

In this clause, a reference to the relevant proceedings, in relation to a council, is a reference to proceedings, in a court, relating to a decision of the council, if –

the proceedings include or involve a relevant claim; and

an instrument commencing the proceedings in the court has been lodged with the court before the introduction day –

A relevant claim is a claim to the effect that –

a rate or a charge made, or purportedly made, under Part 9 was invalidly made or the making of it was attended by legal error or in any event was unauthorised by law; or

a variation, of a rate or charge, made, or purportedly made, under section 94(3), section 94(3A), section 106A(1) or section 107, was invalidly made or the making of it was attended by legal error or in any event was unauthorised by law; or

a minimum amount payable set, or purportedly set, under section 90(4), section 93(3) or section 107 was invalidly set or the setting of it was attended by legal error or in any event was unauthorised by law; or

a variation made, or purportedly made, under section 107, of a minimum amount payable set, or purportedly set, under section 90(4), section 93(3) or section 107, was invalidly made or the making of it was attended by legal error or in any event was unauthorised by law.

Clause 2 does not affect any order or determination made by a court before that clause comes into effect.

If relevant proceedings in relation to a council are not finally determined before clause 2 comes into effect, the proceedings, and any proceedings for a review, or appeal, of a decision in relation to such proceedings, are to be dealt with and determined as if that clause had not come into effect.

A council may not, after this subclause comes into effect, issue, in relation to the particular rateable land to which relevant proceedings relate, a rates notice in relation to a rate or charge in respect of the 2011-2012 financial year, or any preceding financial year, if the rate or charge could not, but for clause 2, be imposed in respect of the rateable land.