Counter-Inflation (Business Rents) (Transition) Order 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/1294 |
| Year | 1974 |
1974 No. 1294
COUNTER-INFLATION
The Counter-Inflation (Business Rents) (Transition) Order 197425thJuly 1974
30thJuly 1974
1stNovember 1974
The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales, 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) (Transition) Order 1974 and shall come into operation on 1st November 1974.
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);
"basic rate" has the meaning assigned to that expression in article 3 of the 1974 order;
"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 purposes 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;
(a) 1973 c. 9.
(b) 1889 c. 63.
(c) 1948 c. 63.
(d) 1949 c. 75.
"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;
"rent limit" means—
(a) in relation to a business tenancy, the rent limit determined under articles 5 and 6, and
(b) in relation to a superior tenancy the rent limit determined under articles 8 and 9;
"standard rate" has the meaning assigned to that expression in article 4 of the 1973 order;
"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;
"the 1972 order" means the Counter-Inflation (Business Rents) Order 1972(a);
"the 1973 order" means the Counter-Inflation (Business Rents) Order 1973(b);
"the 1974 order" means the Counter-Inflation (Business Rents) Order 1974(c); and
"the transition date" means—
(a) in relation to a business tenancy of any premises, the date ascertained under Part I of the Schedule, and
(b) in relation to a superior tenancy, the date ascertained under Part II of the Schedule.
3.—(1) In this order, unless the context otherwise requires, any reference to an enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.
(2) In this order, unless the context otherwise requires, any reference to a numbered article is a reference to that article bearing that number in this order and any reference to a schedule is a reference to the Schedule in this order.
Rent limit for business tenancies
4. Where in relation to any premises there is a standard rate, then, notwithstanding article 5 of the 1973 order, as from the transition date (and whether or not the rent limit hereafter mentioned was then determined as to amount) rent under a business tenancy of the premises shall not be payable in respect of any part of the time during which this order is in force at a rate exceeding—
(a) S.I. 1972/1850 (1972 III, p. 5370).
(b) S.I. 1973/741 (1973 I, p. 2369).
(c) S.I. 1974/1030 (1974 II, p. 3859).
(a) the standard rate for those premises, or
(b) the rent limit ascertained in accordance with articles 5 and 6,
whichever is the higher:
Provided that where the whole of the premises comprised in a business tenancy have both a standard rate and a basic rate nothing in this order shall prevent rent under a business tenancy of those premises being payable at the basic rate.
5. The rent limit in relation to a business tenancy means the rate of rent at which the premises comprised in the tenancy might reasonably be expected to have been let in the open market on 5th November 1972 by a willing lessor having regard to—
(a) the length of term of the tenancy, provided that where the tenancy was subsisting on the transition date the length of term shall be taken to be the unexpired residue of the term at...
To continue reading
Request your trial