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Statutory Instruments

2001 No. 1345

RATING AND VALUATION, ENGLAND

The Non-Domestic Rating (Public Houses and Petrol Filling Stations) (England) Order 2001

Made

4th April 2001

Coming into force

5th April 2001

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by section 43(6B)(c)(ii) of the Local Government Finance Act 1988( 1 ) and of all other powers enabling him in that behalf hereby makes the following Order, a draft of which has been laid before, and approved by resolution of, each House of Parliament:—

Citation and commencement

1. —(1) This Order, which extends to England only, may be cited as the Non-Domestic Rating (Public Houses and Petrol Filling Stations) (England) Order 2001 and shall come into force on the day after the day on which it is made.

(2) In this Order—

[F1 “alcohol” has the meaning given by section 191 of the Licensing Act 2003 (“the 2003 Act ”); F1]

F2 ...

“petrol filling station” means premises where petrol or other automotive fuels are sold retail to the general public for fuelling motor vehicles intended or adapted for use on roads.

[F3 “premises” has the meaning given by section 193 of [F4 the 2003 Act F4] ; F3]

[F3 “premises licence” means—

(a)

a premises licence granted under Part 3 of that Act, or

(b)

a licence granted under Part 1 of Schedule 8 to that Act; F3]

[F5 “public house” means premises that satisfy the following conditions:

(a)

a premises licence authorising the sale by retail of alcohol for consumption on the premises has effect;

(b)

the premises are used principally for such sales to members of the public for consumption on the premises; and

(c)

the sales are not made subject to the condition that buyers reside at or consume food on the premises. F5]

F6 ...

Condition for relief

2. The conditions prescribed for the purpose of [F7 paragraph 8(1)(d)(ii) of Schedule 4ZA to the Local Government Finance Act 1988 F7] are that the whole or part of the hereditament is used as a public house or a petrol filling station, and in either case no other hereditament or part of a hereditament in the settlement concerned is so used.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

( 1 )

1988 c. 41 . Section 43(6B) was inserted by the Local Government and Rating Act 1997 (c. 29) Schedule 1, paragraph 2. The power is devolved in relation to Wales to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672 ); see the reference to the Local Government Finance Act 1988 in Schedule 1.

Status: There are currently no known outstanding effects for the The Non-Domestic Rating (Public Houses and Petrol Filling Stations) (England) Order 2001.
The Non-Domestic Rating (Public Houses and Petrol Filling Stations) (England) Order 2001 (2001/1345)
Version from: 1 April 2024

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. 1(2) inserted (31.3.2007) by The Licensing Act 2003 (Consequential Amendment) (Non-Domestic Rating)(Public Houses in England) Order 2007 (S.I. 2007/724) , arts. 1 , 3(a) inserted
F2 Words in art. 1(2) omitted (31.3.2006) by virtue of The Licensing Act 2003 (Consequential Amendment) (Non-Domestic Rating)(Public Houses in England) Order 2006 (S.I. 2006/591) , arts. 1 , 3 (with art. 4 ) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F3 Words in art. 1(2) added (31.3.2006) by The Licensing Act 2003 (Consequential Amendment) (Non-Domestic Rating)(Public Houses in England) Order 2006 (S.I. 2006/591) , arts. 1 , 3 (with art. 4 ) this amendment (text added) should be read in conjunction with other related provisions, see the commentary. added
F4 Words in art. 1(2) substituted (31.3.2007) by The Licensing Act 2003 (Consequential Amendment) (Non-Domestic Rating)(Public Houses in England) Order 2007 (S.I. 2007/724) , arts. 1 , 3(b) substituted
F5 Words in art. 1(2) substituted (31.3.2007) by The Licensing Act 2003 (Consequential Amendment) (Non-Domestic Rating)(Public Houses in England) Order 2007 (S.I. 2007/724) , arts. 1 , 3(c) substituted
F6 Words in art. 1(2) omitted (31.3.2007) by virtue of The Licensing Act 2003 (Consequential Amendment) (Non-Domestic Rating)(Public Houses in England) Order 2007 (S.I. 2007/724) , arts. 1 , 3(d) omitted
F7 Words in art. 2 substituted (1.4.2024) by The Non- Domestic Rating (Consequential and Other Amendments etc.) (England) Regulations 2023 (S.I. 2023/1251) , regs. 1(1) , 8 substituted
Defined Term Section/Article ID Scope of Application
alcohol art. 1. def_03aa03ecb6
petrol filling station art. 1. def_c3e4c117bb
premises art. 1. def_7764245330
premises licence art. 1. def_7de19ecc0e
public house art. 1. def_d5299c1c1d
the 2003 Act art. 1. def_706455c6bc

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