To provide a critical appraisal of the UK Government's proposals for the introduction of business improvement districts (BIDs) into England considering statute and case law against the proposed regulations, while drawing on the experience of BID models in North America.
The paper analyses the proposed regulations against the existing statute and common law position in England.
The regulations will not levy all hereditaments as stated. The voting and taxation provisions are not defined and transparent in connection with those paying less than full rates. Implications of the House of Lords decision in Edison appear to have been overlooked in the drafting.
The paper is specific to the Draft Business Improvement Districts (England) Regulations 2004. The paper identifies key issues for those involved in the local economy and property management in England. It is relevant across jurisdictions to those considering proposals for the implementation of BID schemes.
The paper is relevant to those occupiers and owners, and their advisers, who have an interest in property that is, or may be, included in a BID area.
The paper considers in an original manner the detailed proposals for the implementation of BIDs in England. It researches a number of areas of concern to those seeking to implement or pay a BID levy. It identifies a number of areas in which the regulations will not achieve the stated aims. Weaknesses in the voting and taxation provisions are identified.
