The Standard Community Charge and Non-Domestic Rating (Definition of Domestic Property) (Amendment) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order further amends the definition of domestic property applicable for the purposes of section 3 (standard community charge) and Part III (non-domestic rating) of the Local Government Finance Act 1988.

Article 2 amends section 4 (interpretation) of the Act, so that, for the purposes of the standard community charge, short-stay accommodation intended to be provided for not more than six people is treated as domestic if the person intending to provide it also intends to have his sole or main residence on the premises. Article 3 makes equivalent provision in relation to the definition of domestic property in section 66 of the Act, which has effect for the purposes of non-domestic rating. These provisions supersede those by virtue of which the exclusion depends not on the number of persons accommodated but on the intention to provide accommodation for less than 100 days in the following year.

Article 2 also makes a minor amendment to section 4 to make it consistent with section 66(2B), and article 3 also amends section 66 to clarify the position of property occupied by students so as to be treated as their sole or main residence for the purposes of the personal community charge.