Amendments to regulation 137

In regulation 13—

a

for paragraphs (a) and (b) substitute—

a

in paragraph 1(4)(a) for “the rate of formula rent” substitute “105% of the rate of formula rent”;

b

in paragraph 1(4)(c) for “making a 1% reduction in the rate” substitute “adjusting the rate by the specified percentage”;

b

omit paragraph (c);

c

for paragraph (d) substitute—

d

in paragraph 1(5)(c) for “making a 1% reduction in the rate” substitute “adjusting the rate by the specified percentage”;

da

after paragraph 1(5) insert—

5A

The specified percentage is determined by—

a

finding the percentage change in the consumer prices index over the specified period, and

b

adding 1% to that percentage.

5B

In sub-paragraph (5A)—

  • “consumer prices index” means the general index of consumer prices (for all items) published by the Statistics Board or, if that index is not published for any month, any substituted index or index figures published by that Board; and

  • “specified period” means the period of 12 months up to and including the September which falls before the 31st March immediately preceding the relevant year.

d

in paragraph (e)—

i

for the inserted sub-paragraph (1B)(b)(ii) substitute—

ii

80% of the amount that would be payable in respect of the part of the relevant year beginning with the anniversary of the beginning of the tenancy if that rate had applied during that period adjusted by the specified percentage.

ii

in the inserted sub-paragraph (1C) for “the first” substitute “that”; and

e

after paragraph (f) insert—

g

in paragraph 3(5) omit from “higher of” to the end and substitute “higher of the amounts described in sub-paragraphs (1B) and (1C).”;

h

in paragraph 3(6), for “sub-paragraph (2)” in each place it occurs substitute “sub-paragraph (1A), (2)”;

i

after paragraph 4(8) insert—

9

The specified percentage is determined by—

a

finding the percentage change in the consumer prices index over the specified period, and

b

adding 1% to that percentage.

10

In sub-paragraph (9)—

  • “consumer prices index” means the general index of consumer prices (for all items) published by the Statistics Board or, if that index is not published for any month, any substituted index or index figures published by that Board; and

  • “specified period” means the period of 12 months up to and including the September which falls before the 31st March immediately preceding the relevant year.