41Amended assessment if error in rating information database or rates record is corrected

1. A local authority must issue an amended rates assessment in substitution for the original assessment if it has delivered a rates assessment for a financial year and, within 5 years after the last day of that year,—

2. an error in the rating information database or rates record in respect of the rating unit or separate rating area concerned is corrected in accordance with section 29, section 39, or section 40; and
3. the correction gives rise to a difference between the amount of rates that was originally assessed and the amount that would have been payable if the information entered in the rating information database or on the rates assessment had been correct.

4. If the amended rates assessment under subsection (1) is for an amount of rates that is less than the amount originally assessed, the local authority must refund to the person who paid the rates any rates paid in excess of the amount payable on the amended assessment.

5. If the amended rates assessment under subsection (1) is for an amount of rates that is more than the amount originally assessed and is issued in the same financial year, and to the same person, as the original assessment, that person is liable to pay the amount of the excess rates.

6. No person is liable for the payment of excess rates except in accordance with subsection (3).