The Central Rating List (England) Regulations 2005

Railway hereditaments

6.—(1) Where Network Rail Infrastructure Limited—

(a) occupies or, if it is unoccupied, owns any hereditament; or

(b) lets or licenses a hereditament to—

(i) a licence holder or a licence exempt operator, other than a licence holder or licence exempt operator who is also a designated person under Parts 1 or 2 of the Schedule to these Regulations or under Part 2 of the Schedule to the Non-Domestic Rating (Communications and Light Railways) (England) Regulations 2005(1), and the lessee, licensee or British Transport Police Authority occupies, or, if unoccupied, owns the hereditament; or

(ii) the British Transport Police Authority, and it occupies, or, if unoccupied, owns the hereditament,

and if, apart from these Regulations, those hereditaments would be more than one hereditament, and each separate hereditament satisfies the conditions in paragraph (3), those separate hereditaments shall be treated as one hereditament.

(2) Where London Underground Limited—

(a) occupies or, if it is unoccupied, owns any hereditament; or

(b) lets or licenses a hereditament to any person (other than a licence holder or licence exempt operator who is also a designated person under Parts 1 or 2 of the Schedule to these Regulations),

and if, apart from these Regulations, those hereditaments would be more than one hereditament, and provided each separate hereditament satisfies the conditions in paragraph (3), those separate hereditaments shall be treated as one hereditament.

(3) The conditions mentioned in paragraphs (1) and (2) are that the hereditament is—

(a) used wholly or mainly for—

(i) in the case of Network Rail Infrastructure Limited, railway purposes;

(ii) in the case of London Underground Limited, LUL purposes; and

(b) not an excepted hereditament.

(4) In this regulation—

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

  (a)

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

  (b)

  premises used wholly or mainly as office premises, where those premises are not situated on the operational land of—

  (i)

  any person designated by regulation 3 and named in Part 1 of the Schedule;

  (ii)

  a licence exempt operator or licence holder;

  (c)

  premises or rights so let out as to be capable of separate assessment, other than those falling within paragraph (1)(b) or (2)(b); or

  (d)

  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—

  (i)

  the carriage of goods or passengers by road transport or sea transport; or

  (ii)

  harbours,

  or for purposes incidental to such purposes;

• “licence exempt operator” and “licence holder” have the meanings given by section 10(6) and 83(1) respectively of the Railways Act 1993(2);

• “LUL purposes” means the purposes of the parts of LUL’s undertaking which are concerned with the carriage of goods or passengers by rail, or for purposes ancillary to those purposes (including the purpose of the exhibiting of advertisements); and

• “railway purposes” means the purposes of providing railway services, within the meaning given by section 82(1) of the Railways Act 1993(3), or for purposes ancillary to those purposes (including the purposes of providing policing services or the exhibiting of advertisements).

(5) The hereditaments described in paragraphs (1) and (2) shall be treated as occupied by the relevant designated person.

(1)

S.I. 2005/549

(2)

1993 c. 43.

(3)

1993 c. 43.