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Rating manual - Volume 5 - Section 20 : Advertising Rights and Advertising Stations - Appendix 2 - Relevant Excerpts from Legislation

Appendix 2: Advertising Rights and Advertising Stations – Relevant Excerpts from Legislation

1. Summary of Relevant Statutes currently in force

2. Detailed Excerpts from Relevant Statutes

(1)

A hereditament is anything which, by virtue of the definition of hereditament in section 115(1) of the 1967 Act, would have been a hereditament for the purposes of that Act had this Act not been passed.

(2)

In addition, a right is a hereditament if it is a right to use any land for the purpose of exhibiting advertisements and—

 

(a)

the right is let out or reserved to any person other than the occupier of the land, or

 

(b)

where the land is not occupied for any other purpose, the right is let out or reserved to any person other than the owner of the land.

(11)

In subsection (2) above, “land” includes a wall or other part of a building and a sign, hoarding, frame, post or other structure erected or to be erected on land.

(8)

A right which is a hereditament by virtue of section 64(2) above shall be treated as occupied by the person for the time being entitled to the right.

(8A)

In a case where—

 

(a)

land consisting of a hereditament is used (permanently or temporarily) for the exhibition of advertisements or for the erection of a structure used for the exhibition of advertisements,

 

(b)

section 64(2) above does not apply, and

 

(c)

apart from this subsection, the hereditament is not occupied,

 

the hereditament shall be treated as occupied by the person permitting it to be so used or, if that person cannot be ascertained, its owner.

(1)

For the purposes of regulation 14 where the circumstances giving rise to the alteration are the coming into existence of an advertising hereditament those circumstances shall be treated as occurring when—

 

(a)

any structure or sign is erected, after the right constituting the hereditament has been let out or reserved, to enable the right to be exercised; or

 

(b)

any advertisement is exhibited in pursuance of the right,

 

whichever is earlier; and such a hereditament shall be treated for the purposes of Part 3 of the Act as coming into occupation at that time.

(2)

The erection, dismantling or alteration of any structure or sign for enabling the advertising right to be exercised, after the time mentioned in paragraph (1), shall be treated for the purposes of a proposal made on the grounds set out in regulation 4(1)(b) as a material change of circumstances.

(3)

In this regulation—

 

“advertising hereditament” means a hereditament consisting of a right to which section 64(2) of the Act applies;

 

“advertising right” means a right which is such a hereditament; and

 

“structure” includes a hoarding, frame, post or wall.

(1)

For the purposes of regulation 14 where the circumstances giving rise to the alteration are the coming into existence of an advertising hereditament those circumstances shall be treated as occurring when—

 

(a)

any structure or sign is erected, after the right constituting the hereditament has been let out or reserved, to enable the right to be exercised; or

 

(b)

any advertisement is exhibited in pursuance of the right,

 

whichever is earlier; and such a hereditament shall be treated for the purposes of Part 3 of the Act as coming into occupation at that time.

(2)

The erection, dismantling or alteration of any structure or sign for enabling the advertising right to be exercised, after the time mentioned in paragraph (1), shall be treated for the purposes of a proposal made on the grounds set out in regulation 4(1)(b) as a material change of circumstances.

(3)

In this regulation—

 

“advertising hereditament” means a hereditament consisting of a right to which section 64(2) of the Act applies;

 

“advertising right” means a right which is such a hereditament; and

 

“structure” includes a hoarding, frame, post or wall.

(1)

In relation to an advertising hereditament, in applying the provisions of sub-paragraphs (1) to (7) of paragraph 2 of Schedule 6 to the Act it shall be assumed that the grant or reservation of the right of which the hereditament consists included the grant or reservation of a right to use any structure or sign for the time being available for use for the purpose of exhibiting advertisements by the occupier of that hereditament, notwithstanding that the structure or sign was provided by that occupier or was provided after the making of the grant or reservation concerned.

(2)

In arriving at an amount of estimated rent under paragraph 2(1), (1A) or (1B) of Schedule 6 to the Act in respect of any land (within the meaning of section 64(2) of the Act) over which an advertising right is exercisable, no account shall be taken of any value or, as the case may be, increased value arising from the use of the land for the purpose of exhibiting advertisements in accordance with that right.

(3)

Where any hereditament rateable in respect of its occupation for other purposes is used temporarily or permanently for, or for the erection thereon or attachment thereto of any structure used for, the exhibition of advertisements other than in pursuance of an advertising right, in arriving at an amount under paragraph 2(1), (1A) or (1B) of Schedule 6 in respect of that hereditament the increased value from that use of the hereditament shall be taken into account.

(4)

In this regulation—

   

“advertising hereditament” means a hereditament consisting of a right to which section 64(2) of the Act applies; and

   

“advertising right” means a right which is such a hereditament, and

   

“structure” includes a hoarding, frame, post or wall.

(1)

Where Network Rail Infrastructure Limited—

 

(a)

occupies or, if it is unoccupied, owns any hereditament; or

 

(b)

lets or licenses a hereditament to—

   

(i)

a licence holder or a licence exempt operator, other than a licence holder or licence exempt operator who is also a designated person under Parts 1 or 2 of the Schedule to these Regulations or under Part 2 of the Schedule to the Non-Domestic Rating (Communications and Light Railways) (England) Regulations 2005, and the lessee, licensee or British Transport Police Authority occupies, or, if unoccupied, owns the hereditament; or

   

(ii)

the British Transport Police Authority, and it occupies, or, if unoccupied, owns the hereditament,

 

and if, apart from these Regulations, those hereditaments would be more than one hereditament, and each separate hereditament satisfies the conditions in paragraph (3), those separate hereditaments shall be treated as one hereditament.

(2)

Where London Underground Limited—

 

(a)

occupies or, if it is unoccupied, owns any hereditament; or

 

(b)

lets or licenses a hereditament to any person (other than a licence holder or licence exempt operator who is also a designated person under Parts 1 or 2 of the Schedule to these Regulations),

 

and if, apart from these Regulations, those hereditaments would be more than one hereditament, and provided each separate hereditament satisfies the conditions in paragraph (3), those separate hereditaments shall be treated as one hereditament.

(3)

The conditions mentioned in paragraphs (1) and (2) are that the hereditament is—

 

(a)

used wholly or mainly for -

   

(i)

in the case of Network Rail Infrastructure Limited, railway purposes;

   

(ii)

in the case of London Underground Limited, LUL purposes; and

 

(b)

not an excepted hereditament.

(4)

In this regulation—

 

“EEA State” means a member State, Norway, Iceland or Liechtenstein;

 

“excepted hereditament” means a hereditament consisting of or comprising—

 

(a)

premises used as a shop, hotel, museum or place of public refreshment;

 

(b)

premises used wholly or mainly as office premises, where those premises are not situated on the operational land of—

   

(i)

any person designated by regulation 3 and named in Part 1 of the Schedule;

   

(ii)

a licence exempt operator or licence holder;

 

(c)

premises or rights so let out as to be capable of separate assessment, other than those falling within paragraph (1)(b) or (2)(b); or

 

(d)

premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with—

   

(i)

the carriage of goods or passengers by road transport or sea transport; or

   

(ii)

harbours,

 

Or for purposes incidental to such purposes;

 

“licence exempt operator” and “licence holder” have the meanings given by section 10(6) and 83(1) respectively of the Railways Act 1993 except that “licence holder” also includes a holder of a European licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 or pursuant to any action taken by an EEA State for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council;

 

“LUL purposes” means the purposes of the parts of LUL's undertaking which are concerned with the carriage of goods or passengers by rail, or for purposes ancillary to those purposes (including the purpose of the exhibiting of advertisements); and

 

“railway purposes” means the purposes of providing railway services, within the meaning given by section 82(1) of the Railways Act 1993, or for purposes ancillary to those purposes (including the purposes of providing policing services or the exhibiting of advertisements).

(5)

The hereditaments described in paragraphs (1) and (2) will be treated as occupied by the designated person.

(1)

Where a company which is a designated person by virtue of regulation 3(1) and Part 11 of the Schedule occupies or, if it is unoccupied, owns any hereditament which—

 

(a)

comprises—

   

(i)

waterways (including cuts and culverts, locks, gates, sluices, pumps, flood let-off valves, feeders, conduits, weirs, side ponds, ditches and drains);

   

(ii)

aqueducts, basins, bridges, embankments, reservoirs and tunnels;

   

(iii)

lighthouses, beacons, buoys, breakwaters, boatlifts and other structures designed to aid navigation;

   

(iv)

docks, wharves, piers, jetties, pontoons, moorings, slipways, land and buildings used for the building, maintenance or floating storage of craft, or for the provision, maintenance or servicing of inland waterways and plant or machinery used in connection therewith;

   

(v)

clay pits, dredging or other waste disposal tips; or

   

(vi)

other land, buildings or structures or parts of buildings or structures used for the provision or servicing of facilities for traffic by, public access to, or enjoyment of, inland waterways, or for ancillary purposes; and

 

(b)

is not an excepted hereditament

 

then if, apart from these Regulations, those hereditaments would be more than one hereditament, those separate hereditaments shall be treated as one hereditament.

(2)

In paragraph (1)—

 

“excepted hereditament” means any hereditament—

 

(a)

consisting of or including a dock or harbour undertaking carried on under authority conferred by or under any enactment;

 

(b)

consisting of premises so let out as to be capable of separate assessment;

 

(c)

consisting of office premises, where those premises are not situated on operational land of the designated person; or

 

(d)

consisting of a car park used wholly or mainly in connection with office premises, where those premises are not situated on operational land of the designated person; and

 

“inland waterway” means any such waterway, whether natural or artificial.

(3)

The hereditament described in paragraph (1) shall be treated as occupied by the relevant designated person.

(1)

Where Network Rail Infrastructure Limited, which is a designated person by virtue of being listed in Part 1 of the Schedule—

 

(a)

occupies or, if it is unoccupied, owns any hereditament; or

 

(b)

lets or licenses a hereditament to—

   

(i)

a licence holder or a licence exempt holder and the lessee, licensee or the British Transport Police Authority occupies, or, if unoccupied, owns the hereditament; or

   

(ii)

the British Transport Police Authority and it occupies, or, if unoccupied, owns the hereditament,

 

and if, apart from these Regulations, those hereditaments would be more than one hereditament and provided each separate hereditament satisfies the conditions in paragraph (2), those separate hereditaments will be treated as one hereditament.

(2)

The conditions mentioned in paragraph (1) are that the hereditament is—

 

(a)

used wholly or mainly for railway purposes; and

 

(b)

not comprised in an excepted hereditament.

(3)

In this regulation—

 

“EEA State” means a member State, Norway, Iceland or Liechtenstein;

 

“excepted hereditament” means a hereditament consisting of or comprising—

 

(a)

premises used as a shop, hotel, museum or place of public refreshment;

 

(b)

premises used wholly or mainly as office premises, where those premises are not situated on the operational land of—

   

(i)

any person designated by regulation 4 and named in Part 1 of the Schedule;

   

(ii)

a licence exempt operator or licence holder;

 

(c)

premises or rights so let out as to be capable of separate assessment, other than those falling within paragraph (1)(b); or

 

(d)

premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with—

   

(i)

the carriage of goods or passengers by road transport or sea transport; or

   

(ii)

harbours,

 

Or for purposes incidental to such purposes;

 

“licence exempt operator” and “licence holder” have the meanings given by section 10(6) and 83(1) respectively of the Railways Act 1993 except that “licence holder” also includes a holder of a European licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 or pursuant to any action taken by an EEA State for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council; and

 

“railway purposes” means the purposes of providing railway services, within the meaning given by section 82(1) of the Railways Act 1993, or for purposes ancillary to those purposes (including the purposes of providing policing services or the exhibiting of advertisements).

(4)

The hereditament described in paragraph (1) will be treated as occupied by the designated person.

(1)

Where a company which is a designated person by virtue of being listed in Part 10 of the Schedule occupies or, if it is unoccupied, owns any hereditament which—

 

(a)

comprises—

   

(i)

waterways (including cuts and culverts, locks, gates, sluices, pumps, flood let-off valves, feeders, conduits, weirs, side ponds, ditches and drains);

   

(ii)

aqueducts, basins, bridges, embankments, reservoirs and tunnels;

   

(iii)

lighthouses, beacons, buoys, breakwaters, boatlifts and other structures designed to aid navigation;

   

(iv)

docks, wharves, piers, jetties, pontoons, moorings, slipways, land and buildings used for the building, maintenance or floating storage of craft, or for the provision, maintenance or servicing of inland waterways and plant or machinery used in connection therewith;

   

(v)

clay pits, dredging or other waste disposal tips; or

   

(vi)

other land, buildings or structures or parts of buildings or structures used for the provision or servicing of facilities for traffic by, public access to, or enjoyment of, inland waterways, or for ancillary purposes; and

 

(b)

is not an excepted hereditament

 

then if, apart from these Regulations, those hereditaments would be more than one hereditament, those separate hereditaments shall be treated as one hereditament.

(2)

In paragraph (1)—

 

“excepted hereditament” means any hereditament—

 

(a)

consisting of or including a dock or harbour undertaking carried on under authority conferred by or under any enactment;

 

(b)

consisting of premises so let out as to be capable of separate assessment;

 

(c)

consisting of office premises, where those premises are not situated on operational land of the designated person; or

 

(d)

consisting of a car park used wholly or mainly in connection with office premises, where those premises are not situated on operational land of the designated person; and

 

“inland waterway” means any such waterway, whether natural or artificial.

(3)

The hereditament described in paragraph (1) shall be treated as occupied by the relevant designated person.

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