Local Government, Planning and Land Act 1980

42 Rating of unoccupied property

(1) Schedule 1 to the 1967 Act (rating of unoccupied property) shall be amended as follows.

(2) In sub-paragraph (1) of paragraph 1, for the words “three months" there shall be substituted the words " the standard period ".

(3) The following sub-paragraphs shall be inserted after that sub-paragraph: —

“(1A) In this Schedule ' the standard period' means three months or such other period as the Secretary of State may by order specify.

(1B) An order under sub-paragraph (1A) of this paragraph may specify different periods in relation to different classes of hereditament.”.

(4) The following sub-paragraphs shall be substituted for subparagraph (2A) of that paragraph: —

“(2A) The owner of a relevant hereditament shall not be exempt from being rated under this Schedule in respect of that hereditament on the ground that the provisions of section 32, 33 or 34 of this Act would exempt the hereditament from being liable to be rated or to be included in any valuation list or in any rate, unless it appears that the relevant provisions will so exempt it when it is next occupied.

(2B) No reduction shall be made under section 48 of this Act in respect of any rates payable by an owner by virtue of this paragraph.

(2C) In this paragraph 'the specified proportion', in relation to a hereditament, means such proportion (not more than the current ceiling) as may be specified for the purposes of this paragraph by a resolution of the rating authority for the rating area in which the hereditament is situated; and different proportions may be so specified in relation to different classes of hereditament and in relation to hereditaments in different parts of the rating area.

(2D) Subject to sub-paragraph (2E) of this paragraph, in sub-paragraph (2C) of this paragraph ' the current ceiling' means the whole of the amount of rates which, disregarding section 48 of this Act, would be payable by the owner if he were in occupation of the hereditament and, in a case to which sub-paragraph (2A) or sub-paragraph (2B) of this paragraph applies, if the hereditament were being used as mentioned in that sub-paragraph.

(2E) Subject to sub-paragraph (2F) of this paragraph, the Secretary of State may from time to time by order vary the proportion of the amount mentioned in sub-paragraph (2D) of this paragraph which is to be the current ceiling for the purposes of this paragraph.

(2F) No order under sub-paragraph (2E) of this paragraph may so vary that proportion as to make the current ceiling exceed the whole of the amount mentioned in subparagraph (2D) of this paragraph.

(2G) Different proportions may be specified under subparagraph (2E) of this paragraph in relation to different classes of hereditament and in relation to hereditaments in different rating areas.”.

(5) In sub-paragraph (3) of that paragraph, for the words " any period of three months during which the hereditament has been continuously unoccupied" there shall be substituted the words " whether the hereditament has been continuously unoccupied for the standard period ".

(6) In sub-paragraph (4) of that paragraph—

(a) for the words " three months " there shall be substituted the words " the standard period " ; and

(b) for the words " six months " there shall be substituted the words " the new house period ".

(7) The following sub-paragraph shall be inserted after that sub-paragraph: —

“(5) In sub-paragraph (4) of this paragraph ' the new house period' means six months or such other period as the Secretary of State may by order specify.

(6) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

(8) In paragraph 2 of that Schedule for the words “three months” there shall be substituted the words " the standard period. "

(9) The following paragraph shall be inserted after paragraph 4 of that Schedule: —

“4A(1) Subject to the provisions of this paragraph, section 40 of this Act shall also apply in relation to any relevant hereditament to which it did not apply when it was last occupied if—

(a) it is owned by, or by trustees for, a charity; and

(b) such notice as is mentioned in sub-paragraph (2) below is given by the charity or, as the case may be, the trustees

(2) The notice is a notice in writing to the rating authority that it is intended that the hereditament shall be wholly or mainly used for the purposes of the charity or for the purposes of the charity and of other charities.

(3) Subject to sub-paragraph (4) below, section 40 of this Act shall cease to apply to a hereditament by virtue of this paragraph on the expiry of a period of two years—

(a) from the date on which the hereditament was acquired by the charity or by trustees for it; or

(b) from the passing of the Local Government, Planning and Land Act 1980,

whichever is the later.

(4) Section 40 of this Act shall cease to apply to a hereditament by virtue of this paragraph—

(a) if the hereditament ceases to be owned by the charity or by trustees for it; or

(b) if it continues to be owned by the charity or by trustees for it, but it ceases to be the intention of the charity or, as the case may be, the trustees that it shall be used as mentioned in sub-paragraph (2) above.”.

(10) The following definitions shall be substituted for the definition of " relevant period of vacancy " in paragraph 15 of that Schedule:—

• "relevant period of vacancy ", in relation to a relevant hereditament, means any period during which the hereditament has been continuously unoccupied, beginning with the unoccupied rating day and ending with the day preceding that on which the hereditament becomes or next becomes occupied or ceases to exist; and

• " unoccupied rating day ", in relation to a relevant hereditament, means—

  (a)

  if the hereditament is a newly erected dwelling-house, the day following the end of the new house period (as defined in sub-paragraph (5) of paragraph 1 of this Schedule); and

  (b)

  in any other case, the day following the end of the standard period (as defined in sub-paragraph (1A) of that paragraph).