Regulation 4 Hereditaments not prescribed for the purposes of section 45(1)(d) of the ActI1
England and Wales
The relevant non-domestic hereditaments described in this regulation are any hereditament—
the whole of which, subject to regulation 5, has been unoccupied for a continuous period not exceeding three months;
which is a qualifying industrial hereditament and the whole of which, subject to regulation 5, has been unoccupied for a continuous period not exceeding six months;
whose owner is prohibited by law from occupying it or allowing it to be occupied;
which is kept vacant by reason of action taken by or on behalf of the Crown or any local or public authority with a view to prohibiting the occupation of the hereditament or to acquiring it;
which is the subject of a temporary listing notice under section 83 or 84 of the Historic Environment (Wales) Act 2023 or is included in the list maintained under section 76(1) of that Act;
which is included in the Schedule of monuments compiled under F2section 3 of the Historic Environment (Wales) Act 2023;
whose rateable value is less than F3£2,600;
whose owner is entitled to possession only in his or her capacity as the personal representative of a deceased person;
where, in respect of the owner’s estate, there subsists a bankruptcy order within the meaning of section 381(2) of the Insolvency Act 1986f1;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
whose owner is a company which is subject to a winding-up order made under the Insolvency Act 1986 or which is being wound up voluntarily under that Act;
whose owner is a company in administration within the meaning of paragraph 1 of Schedule B1 to the Insolvency Act 1986 or is subject to an administration order made under the former administration provisions within the meaning of article 3 of the Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003f2;
whose owner is entitled to possession in his or her capacity as liquidator by virtue of an order made under section 112 or section 145 of the Insolvency Act 1986.
Annotations
Textual amendments
- F1
Reg. 4(e) substituted (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 43(a)
- F2
Words in reg. 4(f) substituted (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 43(b)
- F3
Sum in reg. 4(g) substituted (28.2.2011 with application in accordance with reg. 1(2)) by The Non-Domestic Rating (Unoccupied Property) (Wales) (Amendment) Regulations 2011 (S.I. 2011/197), regs. 1(1), 2
- F4
Reg. 4(j) omitted (1.10.2015) by virtue of The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015 (S.I. 2015/1641), art. 3, Sch. 3 para. 3(9) (with art. 10)
Commencement
Footnotes
- f1
- f2
-
S.I. 2003/2093 (C.85), to which there are amendments not relevant to these Regulations.