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Regulation 56 Parts of charging authority’s area: personal community charge

Original text. Later amendments are not shown.

(1)

This regulation contains rules for the purposes mentioned in section 12(6) of the Act.

(2)

A residence which consists of premises shall be treated as contained in an authority’s area if the greater or greatest part of the premises is treated by virtue of regulation 54(1) or (5) as situated in its area.

(3)

In the following provisions of this regulation–

(a)

the relevant authority is the charging authority in whose area a residence consisting of premises is, or is treated as, contained; and

(b)

the relevant structure is the structure of which such premises consist or which forms part of such premises.

(4)

Where the relevant structure (so far as it is in fact contained within the relevant authority’s area) is contained wholly within a single part of the authority’s area for which it has set an amount for its personal community charge for a chargeable financial year, the residence concerned shall be treated as contained within that part.

(5)

Where the relevant structure is situated within more than one part of the area of the relevant authority for which it has set amounts for its personal community charge for the year, the residence concerned shall be treated as contained in whichever of those parts contains the greater or greatest part of the structure, ascertained by reference to its superficial extent.

(6)

Where it appears to the relevant authority that no such part of a structure can reasonably be ascertained to be greater than any other for the purposes of paragraph (5), the residence concerned shall be treated as falling in such part of its area (being a part within which some of the structure falls) as is determined by the authority.

(7)

In paragraph (3)(b), “structure” does not include any structure not contiguous with the principal structure on the premises.