Legislation – The Financial Assistance (Coronavirus: Hospitality) Regulations (Northern Ireland) 2022
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SCHEDULEThe Coronavirus Financial Assistance (Hospitality) Scheme 2022
Citation and interpretation
1.
(1)
This Scheme may be cited as the Coronavirus Financial Assistance (Hospitality) Scheme 2022.
(2)
In this Scheme:—
“capital value list” has the same meaning as in Article 2(2) of the Rates Order;
“” means financial assistance provided under this Scheme;
“the Department” means the Department of Finance;
“hereditament” has the same meaning as in Article 2(2) of the Rates Order;
“higher rate” means a single payment of £20,000;
“hospitality sector” means, for the purposes of this Scheme,
(a)
(b)
unlicensed restaurants, cafés, coffee shops, bistros and snack bars,
(c)
public houses licensed under Article 5(1)(a) of the Licensing (Northern Ireland) Order 1996, F1…
(d)
social clubs and private members clubs (but not sporting clubhouses) F2, and
(e)
F3hotels, that is to say the premises of any establishment allocated a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992
“lower rate” means a single payment of £10,000;
“net annual value” has the same meaning as in Article 2(2) of the Rates Order;
“occupier” means a person who carries on a relevant business in a restricted hereditament where–
(a)
the relevant business is separate and distinct from any activity carried on by any other occupier of the restricted hereditament;
(b)
they are not the employee or agent of any other occupier of the restricted hereditament;
(c)
their occupation of the whole or a part of the restricted hereditament to conduct their relevant business is exclusive of the activity of any other occupier during their business hours; and
(d)
their occupation is not transient;
F4“relevant activity business” means a business carried on as an inflatable park, a soft play business (that is to say a business wholly or mainly used for the purposes of the provision of soft play facilities) or a trampoline park, that operates a café facility as part of that business and that—
(a)
(b)
would have been eligible for support under the schemes referred to in sub-paragraph (a) had an application been made to those schemes on the basis of the circumstances pertaining to that business as at 20th December 2021;
“relevant business” means a business carried on in the hospitality sector that–
(a)
(b)
would have been eligible for support under the schemes referred to in sub-paragraph (a) had an application been made to those schemes on the basis of the circumstances pertaining to that business as at 20th December 2021;
F5“relevant sports club facility” means a bar or restaurant which is—
(a)
wholly occupied by a sports club which has received less than £50,000 from the Sports Sustainability Fund as delivered by Sport Northern Ireland on behalf of the Department for Communities, and
(b)
licensed under Article 5(1)(a) or (e) of the Licensing (Northern Ireland) Order 1996;
“restricted hereditament” means a hereditament within which an occupier carries on a relevant business;
“standard rate” means a single payment of £15,000;
Eligibility
2.
(1)
No award shall be granted except on an application made to the Department; and any such application shall contain information, and be provided in the format and within the timeframe that the Department has requested.
(2)
Where a person has previously made an application for, and been awarded, Coronavirus Financial Assistance in relation to a particular restricted hereditament under the Financial Assistance (Coronavirus) Regulations (Northern Ireland) 2020 or the Financial Assistance (Coronavirus) (No. 2) Regulations (Northern Ireland) 2020, the Department may treat that application as an application made under this scheme, by that person for the same restricted hereditament.
3.
A person is eligible upon application under paragraph 2 for Coronavirus Financial Assistance at the lower rate if they are-
(a)
the occupier of a restricted hereditament whose net annual value does not exceed £15,000; F6…
(b)
the occupier of a part of a restricted hereditament;
F7(c)
the occupier of a relevant sports club facility, or;
(d)
the occupier of a relevant activity business.
4.
A person is eligible upon application under paragraph 2 for Coronavirus Financial Assistance at the standard rate if they are the occupier of a restricted hereditament whose net annual value exceeds £15,000 but does not exceed £51,000.
5.
A person is eligible upon application under paragraph 2 for Coronavirus Financial Assistance at the higher rate if they are the occupier of a restricted hereditament whose net annual value exceeds £51,000.
6.
Paragraphs 3, 4 and 5 shall not apply where–
(a)
the occupier is a Northern Ireland department or a Minister of the Crown or any officer or body exercising functions on behalf of the Crown;
(b)
the occupier is a body established by or under a statutory provision or by a statutory undertaker;
(c)
(d)
in respect of any hereditament where the person entitled to possession of that is so entitled in the capacity of liquidator by virtue of an order made under Article 98 or Article 123 of the Insolvency Order;
(e)
in respect of any hereditament where there subsists in respect of the estate of the person entitled to possession of that hereditament, a bankruptcy order within the meaning of Parts I and VIII to X of the Insolvency Order;
(f)
in respect of any hereditament where the person entitled to possession of that hereditament is—
(i)
(ii)
a company which is subject to a winding-up order made under the Insolvency Order or which is being wound up voluntarily under that Order.
Information
7.
(1)
In addition to any application made under paragraph 2, the Department may use information obtained for the purposes of the Rates Order, or provided by a district council for the purposes of these Regulations, in determining whether a person is eligible for Coronavirus Financial Assistance.
(2)
The Department may request and obtain information held by a district council for the purposes of determining whether a person is eligible for Coronavirus Financial Assistance.
(3)
The Department may share information in relation to eligibility for Coronavirus Financial Assistance with another Northern Ireland department.
Award of Coronavirus Financial Assistance
8.
(1)
Where the Department is satisfied that the person making application under paragraph 2 is eligible for the purposes of paragraph 3, 4, or 5 it shall award Coronavirus Financial Assistance in accordance with this Scheme.
(2)
A person to whom sub-paragraph (1) applies may choose to forgo any award of Coronavirus Financial Assistance under this Scheme by providing written notification to the Department.
Recovery
9.
(1)
Any amount of award made in accordance with paragraph 8, and which is subsequently found to have been paid contrary to that paragraph, shall be recoverable by the Department from any person to whom such an award was made.
(2)
For the purposes of sub-paragraph (1), the Department may recover an amount as an offset against any other award of Covid-19 financial assistance.