Counter-Inflation (Business Rents) Order 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/741 |
| Year | 1973 |
1973 No. 741
COUNTER-INFLATION
The Counter-Inflation (Business Rents) Order 197316thApril 1973
25thApril 1973
29thApril 1973
The Secretary of State for the Environment (as respects England, except Monmouthshire), the Secretary of State for Wales (as respects Wales and Monmouthshire), the Secretary of State for Scotland (as respects Scotland) and the Secretary of State for Northern Ireland (as respects Northern Ireland), in exercise of their powers under sections 11 and 23(2) of, and paragraphs 1 and 3 of Schedule 3 to, the Counter-Inflation Act 1973(a) and of all other powers enabling them in that behalf, hereby make the following order:—
Citation and Commencement
1. This Order may be cited as the Counter-Inflation (Business Rents) Order 1973 and shall come into operation on 29th April 1973.
Interpretation
2.—(1) The Interpretation Act 1889(b) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.
(2) In this order, unless the context otherwise requires—
"agriculture" has the same meaning as in the Agricultural Holdings Act 1948(c) (as respects England and Wales) and the Agricultural Holdings (Scotland) Act 1949(d) (as respects Scotland);
"building lease "means a lease of land which the tenant has substantially developed by the erection of a building thereon or which the tenant is required (whether under the terms of the lease or otherwise) so to develop ;
"business" includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate ;
"business tenancy" means any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purpose of a business carried on by him or for those and other purposes but does not include a tenancy of or a right to occupy land used for agriculture or a building lease ;
"rent" includes the amount of any premium rateably apportioned over the period of the tenancy, but excludes any sums payable by the tenant in respect of rates, services, repairs, maintenance or insurance ;
"standard rate" has the meaning assigned to that expression in Article 4 ;
(a) 1973 c. 9.
(b) 1889 c. 63.
(c) 1948 c. 63.
(d) 1949 c. 75.
"superior tenancy" means any tenancy (other than a business tenancy) which is an interest in reversion expectant (whether immediately or not) on the termination of the relevant business tenancy and, in relation to Scotland, means any tenancy (other than a business tenancy) where the property comprised in the tenancy consists of or includes any premises occupied by a subtenant under a business tenancy, whether or not there are other subtenancies of that property intervening between the tenancy and the subtenancy which is a business tenancy ; and
"the 1972 Order" means the Counter-Inflation (Business Rents) Order 1972(a).
(3) In this order, unless the context otherwise requires, references to an enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment.
(4) Any reference in this order to a numbered article is a reference to the article bearing that number in this order.
Exclusion of certain rent increases and new lettings
3.—(1) Nothing in this order shall apply to—
(a) any rent increase in respect of a business tenancy or superior tenancy taking place before 29th April 1973, or
(b) any new lettings.
(2) "New lettings" means, for the purposes of this article, any business tenancy which is granted after 5th November 1972 where the property comprised in the tenancy consists of or includes premises in relation to which there is not a standard rate and any superior tenancy granted after that date.
Standard rate
4.—(1) Subject to paragraph (2) of this article and to articles 6, 7 and 8, the standard rate in relation to any premises means—
(a) where a business tenancy was subsisting on 5th November 1972, the rate at which rent was payable (whether or not then determined as to amount) under that tenancy at that date; or
(b) where there was no business tenancy subsisting on 5th November 1972 but a business tenancy had subsisted in respect of the premises on or after 5th November 1971, the rate at which rent was payable at the date upon which such tenancy or, where there were successive tenancies, the last such...
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