Rate Laws

Tony Parker made this Freedom of Information request to Land and Property Services (Northern Ireland)

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Land and Property Services (Northern Ireland),

please send the following information:

1 What law/statute or act is it that requires anyone to pay rates?
2 Are rates a law or a contract?
3 Do rates apply to citizens or human being?
4 Is the paying of rates a mandatory or voluntary action?

Please beware that when you answer the above questions you take note, that a Law (under Common Law) is different from a statute or act or order and not to know the difference, or to give an incorrect response in a government job, could be considered gross misconduct or even fraud.

Yours faithfully,

Tony Parker

LPSNI, InformationManager,

Dear Mr Parker,

Freedom of Information Act 2000

Thank you for your request for information with regard to Rate Laws

You have requested the following information

1. What law/statute or act is it that requires anyone to pay rates?

The Rates (Northern Ireland) Order 1977, as amended.

Please see link below.

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

2. Are rates a law or a contract?

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 and Personnel made annually and subject to the
affirmative resolution control of the Northern Ireland Assembly.

3. Do rates apply to citizens or human being?

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.

4. Is the paying of rates a mandatory or voluntary act

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.

If you are dissatisfied with the information provided by the Agency you
have the right to request a formal review by the Department within two
calendar months of the date of this letter. To request a formal review
please write to DFP Information Management Unit, Ist Floor, ISU Building,
Rosepark, Upper Newtownards Road, Belfast, BT4 3NR.

If after such an internal review has been carried out and you remain
dissatisfied with any of the previous responses, you have the right to
appeal to the Information Commissioner at Wycliffe House, Water Lane,
Wilmslow, CHESHIRE SK9 5AF, who will undertake an independent review.

Please ensure the above reference number is quoted in any future
correspondence to enable all related queries to be dealt with promptly.

Yours sincerely

Michael Thompson
pp
Sharon Nesbitt
Information Manager
My direct number is: 028 9025 1625
Email: [2][email address]

References

Visible links
1. file:///tmp/www.legislation.gov.uk/nisi/1977/2157
2. mailto:[email address]

Dear Michael Thompson
pp
Sharon Nesbitt
Information Manager,

The questions I previously sent you where:
1 What law/statute or act is it that requires anyone to pay rates?
2 Are rates a law or a contract?
3 Do rates apply to citizens or human being?
4 Is the paying of rates a mandatory or voluntary action?

Please answer the following questions because I seek clarification of your previous answers.

1 In your answer to question 1 you state, that it is an Order that requires one to pay rates so would you please define for me, under your full commercial liability, what an Order is and where you got that definition?

2 In question 2 you just restate that that rates are an Order. Would you please state wither the next statements are true or false under your full commercial liability:
A) An Order is a contract between the Northern Ireland Assembly and the people and it is only given the force of law with their consent.
B) If the people do not give their consent to an Order then it cannot be enforced.
If the answer you give is “false”, then please give the reason why it is false and how you came to that conclusion?

3 In question 3 you state that the “person made liable” and “an individual“. Would you please define, under your full commercial liability, your meaning of the following words that you used and where you got that definition from:
A) “Person” B) “Individual”

4 Under your full commercial liability please state wither the following statements are true or false:
A) That a Person is a legal fiction (a dead soulless creature or corporation) and not a human being, therefore rates are only applicable to the legal fiction and not to the flesh and blood human being?
B) That an individual is a legal fiction (a dead soulless creature or corporation) and not a human being therefore rates are only applicable to the legal fiction and not to the flesh and blood human being?
If the answer you give is “false”, then please give the reason why it is false and how you came to that conclusion?

In your answer to question number 4 which stated:
“Is the paying of rates a mandatory or voluntary act.”
Again you quoted the use of an Order. Under your full commercial liability, is it the “Person” or “Human Being” that would have proceedings taken against them?

Yours sincerely,

Tony Parker

LPSNI, InformationManager,

Mr Parker

As Land & Property Services (LPS)do not hold information you require we have forwarded your request to Rating Policy Division in the Department of Finance and Personel for their advice and imput. A response will be forthcoming in due course.

Regards

Michael Thompson

Information Management Unit
2nd Floor, Lincoln Building
27-45 Great Victoria Street
MALONE LOWER
Belfast.
BT2 7SL

Telephone 028 90 251540
Ext: 51540

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McAvoy, Andrew,

Dear Mr Parker,

I refer to your e-mail of 11 April to Sharon Nesbitt in Land and Property
Services. I should point out that the response below does not issue under
the Freedom of Information framework, the information contained in this
reply was not held in the Department's records but has been drafted upon
receipt of your e-mail as a means of answering your queries.

You have asked if "an Order is a contract between the Northern Ireland
Assembly and the people and it is only given the force of law with their
consent". The answer is no, an Order is a form of legislation which is
subject to proceedings either in Parliament or the Northern Ireland
Assembly.

You have asked whether the statement, "If the people do not give their
consent to an Order then it cannot be enforced" is correct. In this regard
I would simply refer you to Ms Nesbitt's e-mail previously which noted
that "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". The Department
would not propose to comment further on this matter.

In relation to the remainder of your e-mail I would refer you to section
37 of the Interpretation Act (Northern Ireland) 1954, it is this provision
which forms the basis for the Department's original response to you, and
the terminology used therein should be read accordingly.

I trust this is helpful in relation to your queries.

Andrew

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Dear McAvoy, Andrew,

Thank you for your quick and candid response under the limitations of your office.

Yours sincerely,

Tony Parker