The Central Rating Lists (England) Regulations 2000

PART III RAILWAY HEREDITAMENTS

Interpretation

6.  In this Part–

“the 1993 Act” means the Railways Act 1993(1);

“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 which are not situated on operational land of–

(i)

any person designated by regulation 3 and named in Part 4 of the Schedule, or

(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 regulation 7(1)(b) or 8(1)(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 the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes;

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

“railway services” has the meaning given in section 82(1) of the 1993 Act.

Railtrack PLC

7.—(1) Anything which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is–

(a) occupied by Railtrack PLC or, if unoccupied, owned by Railtrack PLC, or

(b) let or licensed by Railtrack PLC to a licence exempt operator or a licence holder;

and in either case is–

(i) used wholly or mainly for railway purposes; and

(ii) not comprised in an excepted hereditament.

(2) The hereditament described in paragraph (1) shall be treated as occupied by Railtrack PLC.

(3) In this regulation “railway purposes” means the purposes of providing railway services or for purposes ancillary to those purposes (including the purposes of exhibiting advertisements).

London Underground Limited

8.—(1) Any hereditament which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is–

(a) occupied, or, if unoccupied, owned by London Underground Limited (“ LUL”); or

(b) let or licensed by LUL (whether to Railtrack PLC, a subsidiary of LUL or any other person);

and in either case is–

(i) used wholly or mainly for LUL purposes, and

(ii) not comprised in an excepted hereditament.

(2) The hereditament described in paragraph (1) shall be treated as occupied by LUL.

(3) In this regulation “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 exhibiting advertisements).

Railway hereditaments: consequential

9.—(1) Subject to paragraph (2), regulation 3 of the 1994 Regulations is amended by the substitution for paragraphs (1) to (4) of the following–

“(1) 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–

(i) where paragraph (5) or (6) applies, which are occupied by the person named in that paragraph and which are not situated on operational land of that person or of another person designated by regulation 3 of, and named in Part 4 of the Schedule to, the Central Rating Lists (England) Regulations 2000; or

(ii) where paragraph (7) or (8) applies, which are occupied by Greater Manchester Metro Limited or South Yorkshire Supertram Limited, as the case may be;

(c) premises or rights so let out as to be capable of separate assessment; and

(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 the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes.”.

(2) Nothing in this regulation affects the operation of the 1994 Regulations for the purposes of or for purposes connected with–

(a) any alteration of a non-domestic rating list in force immediately before 1st April 2000; or

(b) any provision made by regulations made under section 58 of the 1988 Act(2) (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.

(1)

1993 c. 43.

(2)

Section 58 is amended by paragraph 68 of Schedule 13 to the Local Government Finance Act 1992 (c. 14), by section 2 of the Non-Domestic Rating Act 1994 (c. 3) and paragraph 5 of Schedule 1 to the Local Government and Rating Act 1997 (c. 29). See S.I. 1994/3279.