Rating and Valuation (Apportionment) Act 1928 (Repealed 19.5.1997)

3 Definition of industrial hereditaments. S

(1) In this Act the expression “industrial hereditament” means a hereditament (not being a freight–transport hereditament) occupied and used as a mine or mineral railway or, subject as hereinafter provided, as a factory or workshop: F1

(2) For the purposes of this Act any place used by the occupier for the housing or maintenance of his road vehicles or as stables shall, notwithstanding that it is situate within the close, curtilage or precincts forming a factory or workshop and used in connection therewith, be deemed not to form part of the factory or workshop, but save as aforesaid, the expressions “factory” and “workshop” have respectively the same meanings as in the Factory and Workshop Acts, 1901 to 1920.

(3) Where two or more properties within the same curtilage, or contiguous to one another, are in the same occupation and, though treated as two or more hereditaments for the purposes of rating and valuation by reason of being situate in different parishes or of having been valued at different times or for any other reason, are used as parts of a single mine, mineral railway, factory, or workshop, then, for the purposes of determining whether the several hereditaments are industrial hereditaments they shall be treated as if they formed parts of a single hereditament comprising all such hereditaments.

(4) In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• “Mine” has the meaning assigned to it by section one hundred and twenty–two of the M1 Coal Mines Act, 1911, or section forty–one of the M2 Metalliferous Mines Regulation Act, 1872, as amended by subsection (2) of section nineteen of the M3 Mining Industry Act, 1920, as the case may require, but also includes any premises, place, or works, whether below ground or above ground, primarily occupied and used for the purpose of draining or otherwise protecting from damage any mine or group of mines or occupied and used for pumping or raising brine for the purpose of manufacture or sale from shafts, wells, springs, or mines:

• “Mineral railway” means a railway, tramway, or ropeway used primarily for the transport of minerals gotten from a mine, or from two or more mines, to a freight–transport hereditament or between any two such hereditaments or to any dock not being a freight–transport hereditament and in the latter case includes also such dock:

• “Public supply undertaking” means any undertaking primarily carried on for the supply of gas, water, electricity or hydraulic power for public purposes, or to members of the public, or to any one or more undertakings carried on under any special Act or Order having the force of an Act:

• “Retail shop” includes any premises of a similar character where retail trade or business (including repair work) is carried on.

Textual Amendments

F1 Proviso excluded by S.I. 1986/342, reg. 2 (b)

Modifications etc. (not altering text)

C1 Factory and Workshop Act 1901 (c. 22) was repealed be Factories Act 1937 (c. 67), s. 159(3), Sch. 4 with the saving that nothing in that Act should affect the definition of the expressions ''factory'' and ''workshop'' for the purposes of this Act, and accordingly s. 149 of, and Sch. 6 to, the repealed Act are reproduced below for the purpose of construing this Act.

C2 S. 3(4) saved by Mines and Quarries Act 1954 (c. 70), s. 19(7)

Marginal Citations

M1 1911 c. 50.

M2 1872 c. 77.

M3 1920 c. 50.