Counter-Inflation (Business Rents) Order 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/1030 |
| Year | 1974 |
1974 No. 1030
COUNTER-INFLATION
The Counter-Inflation (Business Rents) Order 197413thJune 1974
20thJune 1974
21stJune 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) Order 1974 and shall come into operation on 21st June 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;
"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;
(a) 1973 c. 9.
(b) 1889 c. 63.
(c) 1948 c. 63.
(d) 1949 c. 75.
"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;
"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 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; and
"the 1973 order" means the Counter-Inflation (Business Rents) Order 1973(a).
(3) 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.
(4) 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.
Basic rate
3.—(1) Subject to paragraph (2) of this article and to articles 5, 6 and 7—
(a) where in relation to any premises comprised in a business tenancy subsisting on 21st June 1974 there is no standard rate, the basic rate in relation to those premises means 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 21st June 1974 but a business tenancy had subsisted in respect of the premises at any time during the period commencing on 6th November 1972 and ending on 20th June 1974 and in relation to those premises there was no standard rate, the basic rate in relation to those premises means the rate at which rent was payable at the date upon which such tenancy (or, if there was more than one, the last of them) came to an end.
(2) Where in relation to...
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