The Non-Domestic Rating (Railways) and Central Rating Lists (Amendment) Regulations 1994

• Citation: S.I. 1994/834
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Non-Domestic Rating (Railways) and Central Rating Lists (Amendment) Regulations 1994 and shall come into force on 1st April 1994.

(2) In these Regulations, the “1989 Regulations” means the Central Rating Lists Regulations 1989 .

Section 2 Railway hereditaments

(1) In this regulation—

“1993 Act” means the Railways Act 1993 ;

“the Board” means the British Railways Board or any of its subsidiaries;

“excepted hereditament” means a hereditament consisting of or comprising—

premises used as a shop, hotel, museum or place of public refreshment;

premises used wholly or mainly as office premises occupied by a person designated by regulation 2 of, and named in Part 4 of the Schedule to, the 1989 Regulations, which are not situated on operational land of that person or of another person so designated and named;

premises or rights so let out as to be capable of separate assessment (other than those falling within paragraph (2)(a)(ii) or (3)(a)(ii); and

premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes;

“heavy maintenance services” means the carrying out on locomotives and other rolling stock of maintenance services (including the detection and rectification of faults) other than light maintenance services (within the meaning given by section 82 of the 1993 Act);

“licence exempt operator” has the meaning given by section 10(6) of the 1993 Act;

“licence holder” has the meaning given by section 83(1) of the 1993 Act;

“the Railtrack group” means Railtrack PLC or any of its subsidiaries;

“railway services” has the meaning given by section 82(1) of the 1993 Act;

“subsidiary” has the meaning given by section 736 of the Companies Act 1985 and “subsidiaries” shall be construed accordingly;

any reference to a hereditament is to a non-domestic hereditament; and

any reference to a company or other body by name is a reference to the company or other body registered by or bearing that name at the date of coming into force of these Regulations.

(2) Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if—

(a) it is—

(i) occupied by or, if unoccupied, owned by the Board; or

(ii) let or licensed by the Board to a licence exempt operator or a licence holder (other than the Railtrack group),

wholly or mainly for the purposes of providing railway services or heavy maintenance services, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and

(b) it is not comprised in an excepted hereditament.

(3) Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if—

(a) it is—

(i) occupied by or, if unoccupied, owned by the Railtrack group; or

(ii) let or licensed by the Railtrack group to a licence exempt operator or a licence holder (other than the Board),

wholly or mainly for the purposes of providing railway services or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and

(b) it is not comprised in an excepted hereditament.

(4) The hereditaments described in paragraph (2) shall be treated as occupied by the British Railways Board and the hereditaments described in paragraph (3) shall be treated as occupied by Railtrack PLC.

Section 3 Amendments to the 1989 Regulations: railways

Part 4 of the Schedule to the 1989 Regulations shall be amended—

(a) by the deletion of the entry headed “ I. PROVISION IN THE CENTRAL RATING LISTS FOR BOTH ENGLAND AND WALES ”;

(b) by the insertion, under the heading “ II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND ”, of the following—

(c) by the insertion, after the entry relating to The Tyne and Wear Passenger Transport Executive, of the following—

PROVISION IN THE CENTRAL RATING LIST FOR WALES

(III)

Section 4 Amendments to the 1989 Regulations: water undertakers

With effect from 1st September 1993—

(a) the designated person in respect of the description of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to East Worcestershire Water Company shall be Severn Trent Water Limited; and

(b) Part 6 (Water Supply Hereditaments) of the Schedule to the 1989 Regulations shall be amended in the column headed “Designated person” under the heading “ II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND ” by the deletion of “East Worcestershire Water Company”.