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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 1988F7] 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)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words 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
F2Words 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
F3Words 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
F4Words 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
F5Words 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
F6Words 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
F7Words 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) , 8substituted
Defined TermSection/ArticleIDScope of Application
alcoholart. 1.alcohol_rt9dccA
petrol filling stationart. 1.petrol_fil_rtG1exf
premisesart. 1.premises_rt45pN9
premises licenceart. 1.premises_l_rttzxt3
public houseart. 1.public_hou_rt2LMXI
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.