Statutory Instruments
1992 No. 549
COUNCIL TAX, ENGLAND AND WALES
The Council Tax (Chargeable Dwellings) Order 1992I1,I2,I3,I4
Made
9th March 1992
Laid before
10th March 1992
Coming into force
31st March 1992
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 3(5)(a) and (b) and section 113(2) of the Local Government Finance Act 1992(1), and of all other powers enabling them in that behalf, hereby make the following Order—
1. This Order may be cited as the Council Tax (Chargeable Dwellings) Order 1992 and shall come into force on 31st March 1992.
2. In this Order—
“ the Act ” means the Local Government Finance Act 1992 ;
[F1 “ care home ” means—
in relation to England, a care home within the meaning of the Care Standards Act 2000, in respect of which a person is registered in accordance with Part 1 of the Health and Social Care Act 2008; and
in relation to Wales, a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over;F1]
[F2 “ HMO ” means a building or part of a building which is a “ house in multiple occupation ” as defined by section 254 of the Housing Act 2004 but as if subsections (1)(e) and (5) of that section were omitted; F2]
“ multiple property ” means property which would, apart from this Order, be two or more dwellings within the meaning of section 3 of the Act;
[F3 “ refuge ” means a building in Wales which is operated by a person otherwise than for profit and is used wholly or mainly for the temporary accommodation of persons who have been subject to any incident or pattern of incidents of—
controlling, coercive or threatening behaviour;
physical violence;
abuse of any other description (whether physical or mental in nature); or
threats of any such violence or abuse,
from persons to whom they are or were married, are or were in a civil partnership or with whom they are or were co-habiting;F3]
“ single property ” means property which would, apart from this Order, be one dwelling within the meaning of section 3 of the Act;
[F4 “ self-contained unit ” means a building or a part of a building which has been constructed or adapted for use as separate living accommodation. F4]
3.F5[F6 Subject to [F7 articles 3A and 3CF7] [F8 articles 3A and 3BF8] ,F6] where a single property contains more than one self contained unit, for the purposes of Part I of the Act, the property shall be treated as comprising as many dwellings as there are such units included in it and each such unit shall be treated as a dwelling.
F9[F10 3A. A care home shall be treated as comprising the number of dwellings found by adding one to the number of self-contained units occupied by, or if currently unoccupied, provided for the purpose of accommodating, the person registered in respect of it in accordance with [F11 Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016F11] , [F12 in relation to Wales, or Part 1 of the Health and Social Care Act 2008, in relation to EnglandF12] and each such unit shall be treated as a dwelling.F10]
[F13 3B. A refuge must be treated as a single dwelling.F13]
[F14 3C. For the purposes of Part 1 of the Act, an HMO must be treated as a single dwelling.F14]
4.—(1)[F15 Subject to article 3C, whereF15] a multiple property—
(a) consists of a single self contained unit, or such a unit together with or containing premises constructed or adapted for non-domestic purposes; and
(b) is occupied as more than one unit of separate living accommodation, the listing officer, may, if he thinks fit, subject to paragraph (2) below, treat the property as one dwelling.
(2) In exercising his discretion in paragraph (1) above, the listing officer shall have regard to all the circumstances of the case, including the extent, if any, to which the parts of the property separately occupied have been structurally altered.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992