Mixed Hereditaments (Certificate) Regulations 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/637 |
| Year | 1967 |
1967 No. 637
RATING AND VALUATION
The Mixed Hereditaments (Certificate) Regulations 196721stApril 1967
27thApril 1967
3rdMay 1967
The Minister of Housing and Local Government, in exercise of his powers under section 48(6) of the General Rate Act 1967(a) and of all other powers enabling him in that behalf, hereby makes the following regulations:—
Citation and commencement
1. These regulations may be cited as the Mixed Hereditaments (Certificate) Regulations 1967 and shall come into operation on 3rd May 1967.
Interpretation
2.—(1) The Interpretation Act 1889(b) applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
(2) Any reference in these regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the General Rate Act 1967.
(3) In these regulations—
"certificate" means a certificate given under these regulations that as at the date thereof the proportion of the rateable value of a hereditament specified in the certificate attributable to the part of the hereditament used for the purposes of a private dwelling or private dwellings is, or, as the case may be, is not, greater than the proportion thereof attributable to the part used for other purposes (any part of the hereditament used for the letting of rooms singly for residential purposes, whether by way of a tenancy or licence and either with or without board or other services or facilities, or used as sites for movable dwellings within the meaning of section 269 of the Public Health Act 1936(c) being treated as used for purposes other than those of a private dwelling or private dwellings);
"mixed hereditament" has the meaning assigned to it by section 48(5);
"occupier" includes an owner who is rated under section 55 (Rating of owners instead of occupiers) or who has entered into an agreement with the rating authority under section 56 (Payment or collection of rates by owners by agreement);
(a) 1967 c. 9.
(b) 52 & 53 Vict. c. 63.
(c) 26 Geo. 5. and 1 Edw. 8. c. 49.
"rating authority", in relation to a certificate or an appeal against a certificate, means the rating authority for the area in which the hereditament specified in the certificate is situated.
Application for and giving of a certificate
3.—(1) The occupier of any hereditament who is dissatisfied by the refusal of the rating authority to treat the hereditament as a mixed hereditament for the purposes of section 48 (Reduction of rates on dwellings by reference to domestic element of rate support grants) may apply in writing to the valuation officer for a certificate.
(2) For the purposes of the foregoing paragraph of this regulation, a rating authority shall be deemed to have refused to treat a hereditament as a mixed hereditament for the purposes of section 48 if, within 28 days of a written representation by the occupier that a hereditament is a mixed hereditament, they fail either to notify him in writing that the hereditament appears to them to be a mixed hereditament or to issue in respect of the hereditament an amended demand note reducing in accordance with section 48(1)(b) the amount of the rate levied on the hereditament.
4.—(1) Subject to the next following paragraph of this regulation, the valuation officer, if he is satisfied that the hereditament is used partly for the purposes of a private dwelling or private dwellings and partly for other purposes, shall, as soon as practicable after receiving an application under paragraph (1) of the last foregoing regulation, give a certificate to the applicant.
(2) If, when the valuation officer receives an application for a certificate, there is an outstanding proposal for the alteration of the valuation list so far as it relates to the hereditament which is the...
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