Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) Amendment Order 1997

JurisdictionUK Non-devolved

1997 No. 656

COUNCIL TAX, ENGLAND AND WALES

The Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) Amendment Order 1997

Made 6th March 1997

Laid before Parliament 7th March 1997

Coming into force 1st April 1997

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 sections 3(5)(a) and (b), 4 and 113(1) and (2) of, and paragraph 2 of Schedule 1 to, the Local Government Finance Act 19921, and of all other powers enabling them in that behalf, hereby make the following Order—

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) Amendment Order 1997.

(2) This Order shall come into force on 1st April 1997.

S-2 Amendment to the Chargeable Dwellings Order

Amendment to the Chargeable Dwellings Order

2.—(1) The Council Tax (Chargeable Dwellings) Order 19922shall be amended in accordance with the following paragraph.

(2) In article 2, for the definition of “self-contained unit” substitute—

““self-contained unit” means a building or a part of a building which has been constructed or adapted for use as separate living accommodation.”.

S-3 Amendments to the Exempt Dwellings Order

Amendments to the Exempt Dwellings Order

3.—(1) The Council Tax (Exempt Dwellings) Order 19923shall be amended in accordance with the following paragraphs.

(2) In article 2(1), after the definition of “secure tenant” insert—

““single property” means property which would apart from the Council Tax (Chargeable Dwellings) Order 1992 be one dwelling within the meaning of section 3 of the Act;”.

(3) At the end of article 2 insert—

S-4

“4 For the purposes of Class W a relative shall be regarded as dependent if he is—

(a) aged 65 years or more, or

(b) severely mentally impaired with the meaning given in paragraph 2 of Schedule 1 to the Act, or

(c) substantially and permanently disabled (whether by illness, injury, congenital deformity or otherwise).

S-5

5 For the purposes of Class W a person is to be regarded as the relative of another if—

(a) he is the spouse of that person, or

(b) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece or is the parent or child of such a person,

and

(i) a relationship by marriage shall be treated as a relationship by blood,

(ii) a relationship between a man and a woman living together as husband and wife shall be treated as a relationship by marriage, and

(iii) the stepchild of a person shall be treated as his child.”.

(4) In article 3, after Class U insert—

“Class V:

S-1

1 a dwelling in respect of which at least one person, who would be liable to pay council tax but for this class, satisfies the conditions set out in paragraphs (2) and (3);

S-2

2 the condition referred to in paragraph (1) is that the person—

(a) is a person on whom privileges and immunities are conferred by the Diplomatic Privileges Act 19644, or

(b) is a person on whom privileges and immunities are conferred under paragraph 5(1) of Part II of the Schedule to the Commonwealth Secretariat Act 19665,

(c) is a person on whom privileges and immunities are conferred by section 1 of the Consular Relations Act 19686, or

(d) is, in relation to any organisation specified in an Order in Council made under section 1(2) of the International Organisations Act 19687, within a class of persons mentioned in section 1(3) of that Act to which the relevant Order extended relief from rates as specified in paragraph 9 of Schedule 1 to that Act, or

(e) is a person on whom privileges and immunities are conferred...

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