Regulation 2 InterpretationI1
Northern Ireland
In these Regulations—
-
“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989f1;
-
“the 2003 Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003f2;
-
“adapted” means suitable for use, whether altered for the purpose or otherwise;
-
“completion day”, in relation to a hereditament, means a completion day determined under Article 25B of, and Schedule 8B to, the Rates (Northern Ireland) Order 1977f3 in relation to a building which comprises the whole or part of that hereditament;
-
“public body” means—
- (a)
a body established by or under a statutory provision; or
- (b)
a department of the Government of the United Kingdom;
- (a)
-
“qualifying industrial hereditament” means any hereditament other than a retail hereditament in relation to which all buildings comprised in the hereditament are constructed or adapted—
- (a)
in the course of a trade or business; and
- (b)
for one or more of the following purposes, or one or more such purposes and one or more purposes ancillary thereto—
- (i)
the manufacture, repair or adaptation of goods or materials;
- (ii)
the working or processing of minerals;
- (iii)
the generation of electricity; and
- (i)
- (a)
-
“retail hereditament” means any hereditament where any building or part of a building comprised in the hereditament is constructed or adapted for the purpose of the retail provision of goods or services on or from the hereditament.
Subject to paragraph (3), where a hereditament which has been unoccupied becomes occupied on any day and becomes unoccupied again on the expiration of a period of less than six weeks beginning with and including that day, then for the purposes of ascertaining whether the hereditament has been continuously unoccupied for a period mentioned in paragraph 1 or 3 of the Schedule, it shall be treated as having been unoccupied on that day and throughout the period.
Paragraph (2) shall not apply to any part of a hereditament in respect of which it appears that, when next in use, it will be used for the purposes of a private dwelling.
For the purposes of paragraphs 1 and 3 of the Schedule, a hereditament which has not previously been occupied shall be treated as becoming unoccupied—
on the completion day; or
where sub-paragraph (a) does not apply, on the day on which the hereditament is first shown in a valuation list.
For the purposes of paragraph 2 of the Schedule, a hereditament which has not previously been occupied shall be treated as becoming unoccupied—
on the completion day; or
where sub-paragraph (a) does not apply, on the day on which the hereditament is first shown in a valuation list,
except that where a day mentioned in sub-paragraph (a) or (b) is before 1st October 2011, the hereditament shall be treated as becoming unoccupied on 1st October 2011.
Annotations
Commencement
Footnotes
- f1
- f2
- f3
-
Article 25B and Schedule 8B were inserted by Article 5 of, and Schedule 2 to, the Rates (Amendment) (Northern Ireland) Order 2004 and were amended by Article 14 of, and paragraph 8 of Schedule 1 and Schedule 2 to, the Rates (Amendment) Act (Northern Ireland) 2009