Paragraph 2 Charitable rate reliefF1

(1)

This paragraph applies where—

(a)

for any day in a chargeable financial year a person’s name is shown in a central non-domestic rating list in force for the year, and

(b)

on the day concerned—

(i)

the person is a charity or trustees for a charity, and

(ii)

the charitable purpose test is satisfied in relation to any description of hereditament shown against the person’s name in the list.

(2)

For the purposes of sub-paragraph (1)(b) the charitable purpose test is satisfied in relation to a description of hereditament if—

(a)

in a case where there is only one hereditament falling within the description, the hereditament is wholly or mainly used for charitable purposes (whether of the charity mentioned in sub-paragraph (1)(b)(i) or of that charity and other charities), or

(b)

in a case where there is more than one hereditament falling within the description, those hereditaments are, taken together, wholly or mainly so used.

(3)

For the purposes of sub-paragraph (1)(b) the charitable purpose test is also satisfied in relation to a description of hereditament if—

(a)

in a case where there is only one hereditament falling within the description—

(i)

a certification under paragraph 4(1)(b) has effect in relation to the hereditament (“the unoccupied hereditament”), and

(ii)

it appears that when next in use the unoccupied hereditament will be wholly or mainly used for charitable purposes (whether of the charity mentioned in sub-paragraph (1)(b)(i) or of that charity and other charities), or

(b)

in a case where there is more than one hereditament falling within the description—

(i)

a certification under paragraph 4(1)(b) has effect in relation to at least one of those hereditaments (“the unoccupied hereditaments”), and

(ii)

it appears that all the hereditaments falling within the description, taken together, are (or, in the case of the unoccupied hereditaments, when next in use will be) used for charitable purposes (whether of the charity mentioned in sub-paragraph (1)(b)(i) or of that charity and other charities).

(4)

Where this paragraph applies, the chargeable amount for the day concerned in respect of the description of hereditament is to be calculated F2in accordance with the formula—

\frac{A \times M}{C \times 5}

Annotations

Textual amendments

F1: Sch. 5A inserted (1.4.2024 with effect in relation to financial years beginning on or after that date) by Non-Domestic Rating Act 2023 (c. 53), ss. 3(3), 19(2)(a)
F2: Words in Sch. 5A para. 2(4) substituted for Sch. 5A para. 2(4)(a)(b) (1.4.2025) by Local Government Finance (Wales) Act 2024 (asc 6), ss. 11(4)(b), 23(3)(a)

Notes on Schedule 5A

Modifications

C1: Sch. 5A applied (with modifications) (E.) (30.1.2026) by The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2026 (S.I. 2026/81), regs. 2(2), 16(3) (with reg. 4)