Lawful Authority to collect rates

stephen-ciaran made this Freedom of Information request to Land and Property Services (Northern Ireland)

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Dear Land and Property Services (Northern Ireland),

Can you please show me the law where you get the lawful authority to collect rates from natural persons exercising their natural right to peaceful right to their property?

Yours faithfully,

stephen-ciaran mccann

DoF LPSNI InformationManager,

Thank you for your request for information

 

Can you please show me the law where you get the lawful authority to
collect rates from natural persons exercising their natural right to
peaceful right to their property?

 

The law/statute or act  that requires anyone to pay rates is The Rates
(Northern Ireland) Order 1977, as amended. Please see link below.

 

[1]www.legislation.gov.uk/nisi/1977/2157

 

A rate is defined in the Rates (Northern Ireland) Order 1977 as meaning a 
district rate or a regional rate. A district rate is made by a resolution

of a district council, the regional rate is made by an Order of the
Department of Finance made annually and subject to the affirmative
resolution control of the Northern Ireland Assembly.

 

Rates are applied to ratepayers, namely the person made liable for payment
under the terms of the Rates (Northern Ireland) Order 1977 (as amended).

A ratepayer can be an individual, a corporate body or an unincorporated
association of persons.

 

Payment of rates is mandatory if a ratepayer wishes to avoid recovery
proceedings being taken against them in accordance with the terms of the

Rates (Northern Ireland) Order 1977 as amended.

 

Information Management Unit

Transformation & Organisational Development Directorate

Land & Property Services

Department of Finance

Lanyon Plaza

7 Lanyon Place

Belfast, BT1 3LP

 

 

 

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Dear DoF LPSNI InformationManager,

Thank you for your prompt reply.

You mentioned that your definition of a ratepayer can be an individual, a corporate body, or an unincorporated association of persons.

What is your definition of an individual?

What is your definition of a corporate body?

What is your definition of an incorporated association of persons?

Can you show me the legal documented process of how you class someone as a ratepayer?

And can you also give what your definition of a person is with regards to this act?

According to William Blackstone in the commentaries on the laws of England book 1 it states "The third absolute right, inherent in every Englishman, is that of property: which consists in the free use, enjoyment, and disposal of his acquisitions, without any control or diminution, save only by the laws of the land."

Can you also please explain how property that is owned by a natural person and used for his basic needs including shelter and that isn't used for any type of business or commercial activity is classed as a hereditament?

Can you show me the process the LPS gets the authority to value and then collect rates on inherent rights like the right to property and the right to own property?

Yours sincerely,

stephen-ciaran

Dear DoF LPSNI InformationManager,

I appreciate the last couple of questions may be beyond your scope to answer.

However, for the other questions, you should have the answers documented.

So you mentioned that your definition of a ratepayer can be an individual, a corporate body, or an unincorporated association of persons.

What is your definition of an individual?

What is your definition of a corporate body?

What is your definition of an incorporated association of persons?

Can you show me the legal documented process of how you class someone as a ratepayer?

And can you also give what your definition of a person is with regards to this act?

Yours sincerely,

stephen-ciaran

DoF LPSNI InformationManager,

Mr Ciaran

Definitions applicable to The Rates (Northern Ireland) Order 1977 are contained within Part 1 of that Order. Land & Property Services (LPS) I am unable to provide additional definitions or classifications as requested. It is The Rates (Northern Ireland) Order 1977, as amended, that provides authority for the Department to undertake the assessment, levying and collection of rates.

Regards

Information Management Unit
Transformation & Organisational Development Directorate
Land & Property Services
Department of Finance
Lanyon Plaza
7 Lanyon Place
Belfast, BT1 3LP

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Dear DoF LPSNI InformationManager,

Thanks for the reply.

Given that the act relies on these definitions to get the authority. Their definitions of the words in relation to the act is very important.

Who do you get your authority to act from? Maybe they can help.

And can you help direct me to that authority so I can get the definitions with regards to the act for a person, individual, incorporated association of persons, and corporate body?

Yours sincerely,

stephen ciaran

DoF LPSNI InformationManager,

Stephen-Ciaran

This correspondence is closed. We have assisted as much as we can with providing information.
I am sure you will be aware authority for legislation comes from the people, through the democratic process.
If you are dissatisfied with the response you have the right to appeal to the Regulator, the Information Commissioner's Office.

Yours cordially

Niall McGrath
LPS Information Manager

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Dear DoF LPSNI InformationManager,

I have to disagree with that assumption and many dont vote or take part in any democratic process.

I am merely looking for the definitions within the act as they are important.

If you dont have them. That is all you had to say.

Yours sincerely,

stephen-ciaran