12. In paragraph 2 of Schedule 1A to the 1987 Regulations (excluded tenancies)(1)—
(a)in sub-paragraph (1) for the words “(2) and (3)” there shall be substituted the words “(2) to (5)”;
(b)after sub-paragraph (3) there shall be added the following sub-paragraphs—
“(4) Except where the appropriate local authority has previously applied to a rent officer pursuant to this sub-paragraph in respect of the tenancy, sub-paragraph (1) shall not apply where—
(a)subsequent to the making of the determination mentioned in that sub-paragraph there has been a rent increase in respect of the tenancy during the period beginning on 1st April 1993 and ending on 31st March 1994; and
(b)at the date of that increase the claimant was not liable to pay council tax by virtue of regulations made under section 8 of the Local Government Finance Act 1992 (liability to council tax in prescribed cases)(2); and
(c)the rent increase does not come within head (c) of sub-paragraph (3).
(5) In sub-paragraph (1) “determination” does not include a determination made as a result of an application to a rent officer pursuant to sub-paragraph (4).”.