The Council Tax (Exempt Dwellings) (Amendment) Order 1994

Interpretation

3.  In article 2—

(a) in paragraph (1)—

(i) after the definition of “the Act”, there shall be inserted the following definition—

• ““caravan” shall be construed in accordance with Part I of the Caravan Sites and Control of Development Act 1960;”(1);

(ii) after the definition of “relevant absentee” there shall be inserted the following definitions—

““secure tenant” means a tenant under a secure tenancy within the meaning of Part IV of the Housing Act 1985;

“statutory tenant” means a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976;

“tenant” means a person who—

(i)

has a leasehold interest in a dwelling which was granted for a term of less than six months;

(ii)

is a secure or statutory tenant of a dwelling; or

(iii)

has a contractual licence to occupy a dwelling;”(2);

(iii) the definition of “the last occupation day” shall be deleted;

(iv) in the definition of an “unoccupied dwelling” there shall be inserted after the words “ an “unoccupied dwelling” means” the words “, subject to paragraph (3) below,”;

(b) for paragraphs (2) and (3) there shall be substituted the following paragraphs—

“(2) For the purposes of Classes A and C of article 3—

(a) a dwelling is vacant on any day if on the day—

(i) in the case of a dwelling consisting of a pitch occupied by a caravan or a mooring occupied by a boat, the caravan or boat is unoccupied; and

(ii) in any other case, the dwelling is unoccupied and substantially unfurnished; and

(b) in considering whether a dwelling has been vacant for any period, any one period, not exceeding six weeks, during which it was not vacant shall be disregarded.

(3) For the purposes of Classes B and F of article 3, in considering whether a dwelling has been unoccupied for any period, any one period, not exceeding six weeks, during which it was occupied shall be disregarded.”.

(1)

1960 c. 62.

(2)

Housing Act 1985 c. 68; Rent Act 1977 c. 42; Rent (Agriculture) Act 1976 c. 80.