41.—(1) Amend Schedule 5 (definition of “dwelling-house”, etc.) as follows.N.I.
(2) For paragraph 1 substitute the following paragraph—
“1. In this Order—
“dwelling-house” means, subject to paragraphs 2 to 5, a hereditament used wholly for the purposes of a private dwelling;
“private garage” has the meaning given by paragraph 6;
“private storage premises” has the meaning given by paragraph 7.”.
(3) In paragraph 2, after sub-paragraph (4), add the following sub-paragraph—
“(5) The following shall be deemed not to be used for the purposes of a private dwelling—
(a)so much of an area of a caravan site which is valued as a single hereditament under sub-paragraph (1) of paragraph 2 of Part XIII of Schedule 12 as is not in the occupation of the site operator;
(b)a caravan pitch which is a separate hereditament in the circumstances mentioned in that sub-paragraph but in relation to which the district valuer has not exercised the power conferred by that sub-paragraph.”.
(4) In paragraph 3(a) and (b), after “garden,” insert “ park, pleasure ground, ”.
(5) In paragraph 4(2), for “the hereditament, to the extent of so much of its net annual value as is apportioned to that part,” substitute “ that part ”.
(6) After paragraph 4 insert the following paragraph—
“4ZA.—(1) A hereditament or part of a hereditament shall be deemed not to be used for the purposes of a private dwelling if it is—
(a)held by the Secretary of State for the purposes of armed forces accommodation; and
(b)situated within the perimeter of a military establishment.
(2) In this paragraph “military establishment” means an establishment used by any of Her Majesty's forces.”.
(7) Omit paragraph 4A.
(8) In paragraph 5—
(a)for “this Schedule” substitute “ paragraphs 1 to 4ZA ”;
(b)omit sub-paragraph (d).
(9) After paragraph 5 add the following paragraphs—
“6.—(1) In this Order “private garage” means, subject to sub-paragraph (2), a hereditament which is used wholly or mainly for the accommodation of a motor vehicle.
(2) For the purposes of sub-paragraph (1) a hereditament which is used—
(a)for the purposes of a trade or business; or
(b)by a charity, a public body or any other body that is not established or conducted for profit,
is not a private garage.
(3) In sub-paragraph (2)—
“charity” means a body established for charitable purposes only;
“public body” means—
a body established by or under a statutory provision; or
a department of the Government of the United Kingdom.
7.—(1) In this Order “private storage premises” means a hereditament which is used wholly in connection with a dwelling-house or dwelling-houses and so used wholly or mainly for the storage of domestic articles belonging to the residents.
(2) In sub-paragraph (1)—
“domestic articles” means—
household stores and other articles for domestic use;
light vehicles, whether mechanically-propelled or not;
“residents” means persons residing in the dwelling-house or dwelling-houses referred to in sub-paragraph (1).
8. The Department may by regulations modify paragraphs 1 to 7.”.
Commencement Information
I1Sch. 2 para. 41 wholly in operation at 1.12.2006, see art. 1(3) and S.R. 2006/464, art. 2(2), Sch. 2 (with transitional provisions in S.R. 2006/468, art. 3(1), Sch)