Rates (Northern Ireland) Order 1977

Hereditaments partially exempt from rates N.I.

3.— [F1 (1)] Where a hereditament is distinguished in the valuation list under Article 41 as partially exempt from rates, its rateable value shall be the aggregate of—

(a) one-half of so much of its net annual value as is shown in the list as apportioned to the use of the hereditament for such of the purposes mentioned in sub-paragraph ( a), ( b)(i) or (ii), ( c), ( d)[F2 or (e)] of Article 41(2) as are domestic purposes within the meaning of that Article; and

(b) the whole of so much of its net annual value as is shown in the list as apportioned to the use of the hereditament for purposes other than the purposes mentioned in that sub-paragraph.

[F3 (2) Where—

(a) any hereditament was, immediately before the relevant date, distinguished in the valuation list as exempt from rates to any extent by virtue of Article 41(2)(f); and

(b) it continues to be distinguished in the valuation list by virtue of Article 12(2) of the 2006 Order,

its rateable value shall continue to be the same proportion of its net annual value as it was immediately before the relevant date.

(3) Where a hereditament is distinguished in the valuation list as exempt from rates by virtue of Article 12(3) of the 2006 Order, its rateable value shall be the same proportion of its net annual value as it would have been immediately before the relevant date if it had been distinguished under Article 41(2)(f).

(4) Where a hereditament is distinguished in the valuation list by virtue of paragraph (4) of Article 12 of the 2006 Order, its rateable value shall be the same proportion of its net annual value as the rateable value of the original hereditament was of its net annual value immediately before it ceased to be occupied as mentioned in sub-paragraph (a) of that paragraph.

(5) In this paragraph—

“2006 Order” means the Rates (Capital Values, etc.) (Northern Ireland) Order 2006;

“original hereditament” means the hereditament to which sub-paragraphs (a) and (b) of Article 12(4) of the 2006 Order apply;

“relevant date” means the date on which Article 12(1) of the 2006 Order (which repealed Article 41(2)(f)) came into operation.]

F1 Sch.7 para. 3 renumbered (1.4.2006) as sub-para. (1) by Rates (Capital Values, etc.) (Northern Ireland) Order 2006 (S.I. 2006/611 (N.I. 4)), arts. 1(3), 12(8)(b); S.R. 2006/146, art. 2

F2 Words in Sch. 7 para. 3(a) substituted (1.4.2006) by Rates (Capital Values, etc.) (Northern Ireland) Order 2006 (S.I. 2006/611 (N.I. 4)), arts. 1(3), 12(8)(a); S.R. 2006/146, art. 2

F3 Sch. 7 para. 3(2)-(5) inserted (1.4.2006) by Rates (Capital Values, etc.) (Northern Ireland) Order 2006 (S.I. 2006/611 (N.I. 4)), arts. 1(3), 12(8)(b); S.R. 2006/146, art. 2

[F4 3A   Where a hereditament is distinguished in the valuation list under Article 42 (1B) as partially exempt from rates, its rateable value shall be—

(a) where the hereditament is situated wholly within an enterprise zone and, though not a dwelling-house, is used partly for the purposes of a private dwelling, so much of its net annual value as is shown in the list as apportioned to the use of the hereditament for the purposes of a private dwelling;

(b) where part only of the hereditament is situated within an enterprise zone and, though not a dwelling house, the hereditament is used partly for the purposes of a private dwelling, the aggregate of—

(i) so much of its net annual value as is shown in the list as apportioned to that part of the hereditament which is not situated within an enterprise zone; and

(ii) so much of its net annual value as is shown in the list as apportioned to the use of that part of the hereditament situated within an enterprise zone for the purposes of a private dwelling.

(c) where part only of the hereditament is situated within an enterprise zone and sub-paragraph (b) does not apply, so much of its net annual value as is shown in the list as apportioned to that part of the hereditament which is not situated within an enterprise zone.]

F4 1983 NI 7