OpenLegislation

Regulation 3 Amendments to the 2005 Regulations

Original text. Later amendments are not shown.

(1)

The 2005 Regulations are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “authority” insert—

  • ““built premises” means a permanently immovable structure comprising at least a room, or any boat or other vessel which is permanently moored;”;

(b)

after the definition of “holder of an approval” insert—

  • ““linked outdoor areas” means any areas within the boundary of the land of which the built premises form part, which are not built premises and which may be used in common with the built premises;”;

(c)

in the definition of “premises”, for the words from “a permanently immovable” to the end substitute “built premises together with linked outdoor areas;”;

(d)

for the definition of “religious premises” substitute—

  • ““religious premises” means premises where the built premises—

    1. (a)

      are used solely or mainly for religious purposes, or

    2. (b)

      have been so used and have not subsequently been used solely or mainly for other purposes;”;

(e)

in the definition of “shared building”, after “religious premises” insert “where the built premises are”.

(3)

In regulation 5 (grant or refusal of approval)—

(a)

in paragraph (1A)(b), after “religious premises” insert “where the built premises are”;

(b)

in paragraph (1B), for “Religious premises” substitute “In relation to religious premises, the built premises”;

(c)

in paragraph (4), for “or Schedule 2A” substitute “, Schedule 2A, Schedule 2B or Schedule 2C”;

(d)

in paragraph (5), for “or Schedule 2A” substitute “, Schedule 2A, Schedule 2B or Schedule 2C”.

(4)

In regulation 6 (conditions)—

(a)

in paragraph (1)(a), after “Schedule 2” insert “and Schedule 2B”;

(b)

in paragraph (1)(aa), after “Schedule 2A” insert and “Schedule 2C”.

(5)

In regulation 9 (reviews)—

(a)

in paragraph (1), for “or Schedule 2A” substitute “, Schedule 2A, Schedule 2B or Schedule 2C”;

(b)

in paragraph (2)(b), for “or Schedule 2A” substitute “, Schedule 2A, Schedule 2B or Schedule 2C”.

(6)

In Schedule 1 (requirements for the grant of approval of premises that are not religious premises)—

(a)

in paragraph 1, after “repair, the” insert “built”;

(b)

in paragraph 2, after “The”, in the first place it occurs, insert “built”;

(c)

in paragraph 3—

(i)

after “The”, in the first place it occurs, insert “built”;

(ii)

after “visiting the” insert “built”;

(d)

in paragraph 4(b)—

(i)

at the beginning, insert “premises where the built premises are”;

(ii)

for “in which” substitute “where”;

(iii)

after “is situated” insert “in the built premises”;

(e)

in paragraph 5—

(i)

after “to take place” insert “in the built premises”;

(ii)

after “part of the” insert “built”.

(7)

In Schedule 1A (requirements for the grant of approval of religious premises)—

(a)

in paragraph 1, after “repair, the” insert “built”;

(b)

in paragraph 2, after “applies, the” insert “built”;

(c)

in paragraph 3—

(i)

after “The”, in the first place it occurs, insert “built”;

(ii)

after “visiting the” insert “built”;

(d)

in paragraph 4—

(i)

after “to take place” insert “in the built premises”;

(ii)

after “part of the” insert “built”.

(8)

In Schedule 2 (conditions to be attached to grants of approval of premises that are not religious premises)—

(a)

in paragraph 1, for “these conditions” in both places where it appears, substitute “the conditions attached to the approval”;

(b)

in paragraph 6—

(i)

at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(ii)

after “entrance to the” insert “built”;

(c)

at the beginning of paragraph 7(1), insert “For the purposes of proceedings held in the built premises,”;

(d)

in paragraph 8, after “All proceedings” insert “held in the built premises”;

(e)

in paragraph 9—

(i)

at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(ii)

after “activity on the” insert “built”;

(f)

in paragraph 10, for the words from “district, or” to the end, substitute “district in which the approved premises are situated, or authority, as the case may be.”.

(9)

In Schedule 2A (conditions to be attached to grants of approval of religious premises)—

(a)

in paragraph 1, for “these conditions”, in both places it appears, substitute “the conditions attached to the approval”;

(b)

in paragraph 10—

(i)

at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(ii)

after “entrance to the” insert “built”;

(c)

in paragraph 11(1), at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(d)

in paragraph 12—

(i)

for “The” in the first place it occurs, substitute “All”;

(ii)

after “proceedings” insert “held in the built premises”;

(e)

in paragraph 13—

(i)

at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(ii)

after “activity on the” insert “built”.

(10)

After Schedule 2A, insert new Schedule 2B, which is set out in Schedule 1 to these Regulations.

(11)

After Schedule 2B, insert new Schedule 2C, which is set out in Schedule 2 to these Regulations.