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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—

(a)

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

(b)

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—

(i)

controlling, coercive or threatening behaviour;

(ii)

physical violence;

(iii)

abuse of any other description (whether physical or mental in nature); or

(iv)

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

(1)

1992 c. 14.

Status: There are currently no known outstanding effects for The Council Tax (Chargeable Dwellings) Order 1992.
The Council Tax (Chargeable Dwellings) Order 1992 (1992/549)
Version from: 1 December 2023

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Words in art. 2 substituted (W.) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 4(2) substituted: Wales substituted
F2 Words in art. 2 inserted (E.) (1.12.2023) by The Council Tax (Chargeable Dwellings and Liability for Owners) (Amendment) (England) Regulations 2023 (S.I. 2023/1175), regs. 1(2), 2(2) inserted: England inserted
F3 Words in art. 2 inserted (W.) (22.10.2014) by The Council Tax (Chargeable Dwellings) (Amendment) (Wales) Order 2014 (S.I. 2014/2653), arts. 1(1), 3(a) inserted: Wales inserted
F4 Words in art. 2 substituted (1.4.1997) by The Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) Amendment Order 1997 (S.I. 1997/656), arts. 1(2), 2(2) substituted
F5 Words in art. 3 inserted (W.) (1.4.2005) by The Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) (Amendment) (Wales) Order 2004 (S.I. 2004/2921), arts. 1(1), 2(b) inserted: Wales inserted
F6 Words in art. 3 inserted (E.) (1.1.2004) by The Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) (Amendment) (England) Order 2003 (S.I. 2003/3121), arts. 1(1), 2(b) inserted: England inserted
F7 Words in art. 3 substituted (E.) (1.12.2023) by The Council Tax (Chargeable Dwellings and Liability for Owners) (Amendment) (England) Regulations 2023 (S.I. 2023/1175), regs. 1(2), 2(3) substituted: England substituted
F8 Words in art. 3 substituted (W.) (22.10.2014) by The Council Tax (Chargeable Dwellings) (Amendment) (Wales) Order 2014 (S.I. 2014/2653), arts. 1(1), 3(b) substituted: Wales substituted
F9 Art. 3A inserted (W.) (1.4.2005) by The Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) (Amendment) (Wales) Order 2004 (S.I. 2004/2921), arts. 1(1), 2(c) inserted: Wales inserted
F10 Art. 3A inserted (E.) (1.1.2004) by The Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) (Amendment) (England) Order 2003 (S.I. 2003/3121), arts. 1(1), 2(c) inserted: England inserted
F11 Words in art. 3A substituted (W.) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 4(3) substituted: Wales substituted
F12 Words in art. 3A inserted (23.8.2012) by The Health and Social Care Act 2008 (Consequential Amendments) (Council Tax) Order 2012 (S.I. 2012/1915), arts. 1, 2(3) inserted
F13 Art. 3B inserted (W.) (22.10.2014) by The Council Tax (Chargeable Dwellings) (Amendment) (Wales) Order 2014 (S.I. 2014/2653), arts. 1(1), 3(c) inserted: Wales inserted
F14 Art. 3C inserted (E.) (1.12.2023) by The Council Tax (Chargeable Dwellings and Liability for Owners) (Amendment) (England) Regulations 2023 (S.I. 2023/1175), regs. 1(2), 2(4) inserted: England inserted
F15 Words in art. 4(1) substituted (E.) (1.12.2023) by The Council Tax (Chargeable Dwellings and Liability for Owners) (Amendment) (England) Regulations 2023 (S.I. 2023/1175), regs. 1(2), 2(5) substituted: England substituted
I1 Art. 1 in force at 31.3.1992, see art. 1
I2 Art. 2 in force at 31.3.1992, see art. 1
I3 Art. 3 in force at 31.3.1992, see art. 1
I4 Art. 4 in force at 31.3.1992, see art. 1
Defined Term Section/Article ID Scope of Application
care home 2. def_085e05b904
HMO Unknown def_bc13d63922
house in multiple occupation Unknown def_5b3227f07f
multiple property Unknown def_870f2ec1d9
refuge Unknown def_9ad05ac385
self-contained unit Unknown def_92f26f1fec
single property Unknown def_2ab7923ffb
the Act 2. def_cb27b01148

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Contains public sector information licensed under the Open Government Licence v3.0.