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Regulation 4

SCHEDULE 2SITUATION OF PREMISES

1.  This Schedule contains rules for the purposes of applying regulation 4(3).

2.  In the following paragraphs, the relevant structure, in relation to premises, is the structure of which the premises consist or which forms part of such premises.

3.  Where the relevant structure is situated wholly within a community area, the premises concerned shall be treated as situated wholly within that area.

4.—(1) This paragraph applies where the relevant structure is situated wholly within the area of a charging authority and within more than one community area.

(2) The premises concerned shall be treated as situated in whichever of those community areas contains the greater or greatest part of the structure, ascertained by the charging authority by reference to its superficial extent.

(3) Where it appears to the charging authority concerned that no such part of the relevant structure can reasonably be ascertained to be greater than any other for the purposes of subparagraph (2), the premises concerned shall be treated as being situated in such community area (being an area within which some of the relevant structure is situated) as is determined by the charging authority.

5.—(1) This paragraph applies where the relevant structure is situated within the area of more than one charging authority and within more than one community area.

(2) The premises concerned shall be treated as situated in whichever of those areas contains the greater or greatest part of the relevant structure, ascertained by the charging authorities concerned by reference to its superficial extent.

(3) Subject to sub-paragraph (4), where the charging authorities concerned cannot agree whether any part of the superficial extent of the relevant structure is greater than any other for the purposes of sub-paragraph (2), the part of the relevant structure to be treated as the greater or greatest shall be determined by lot between those authorities.

(4) In any case where—

(a)the circumstances described in sub-paragraph (3) apply, and

(b)a determination by lot is required in relation to the same circumstances for the purposes of section 2(4) of the Act by virtue of regulations made under section 31(10) of the Act,

6.  In this Schedule, “structure” does not include any structure not contiguous with the principal structure on the premises concerned.