The Standard Community Charge and Non-Domestic Rating (Definition of Domestic Property) (Amendment) Order 1991

• Citation: S.I. 1991/474
• Sections: 3

Section 1

(1) This Order may be cited as the Standard Community Charge and Non-Domestic Rating (Definition of Domestic Property) (Amendment) Order 1991 and shall come into force on 1st April 1991.

(2) In this Order a reference to section 4 or 66 is a reference to section 4 or, as the case may be, section 66 of the Local Government Finance Act 1988.

Section 2

(1) For subsection (5A) of section 4 there shall be substituted—

(5A) Subsection (5) above does not apply if—

(a) it is intended that within the year beginning with the end of the day in relation to which the question is being considered, short-stay accommodation will be not be provided within the building or part for more than six persons simultaneously; and

(b) the person intending to provide such accommodation will have his sole or main residence within the building or part throughout any period when such accommodation is to be provided.

(2) In subsection (5B)(a) of section 4, before “periods”there shall be inserted the word “short”.

Section 3

(1) For subsection (2A) of section 66 there shall be substituted—

(2A) Subsection (2) above does not apply if—

(a) it is intended that within the year beginning with the end of the day in relation to which the question is being considered, short-stay accommodation will not be provided within the hereditament for more than six persons simultaneously; and

(b) the person intending to provide such accommodation intends to have his sole or main residence within that hereditament throughout any period when such accommodation is to be provided, and that any use of living accommodation within the hereditament which would, apart from this subsection, cause any part of it to be treated as non-domestic, will be subsidiary to the use of the hereditament for, or in connection with, his sole or main residence.

(2) In section 66(2D) there shall be added at the end “and on the day in relation to which the question is being considered is not resident in the building or part”.