Prospective

Schedules

Section 1

Schedule 1U.K.Specified uses of premises

Shops etcU.K.

1Use for—

(a)the retail sale of goods,

(b)the display of goods for sale, or

(c)the provision of a service,

where the sale, display or service is principally to visiting members of the public.

Food and drinkU.K.

2Use for the sale of food or drink, where the food or drink is principally for consumption on the premises by visiting members of the public.

Entertainment and leisure activitiesU.K.

3Use (other than a use mentioned elsewhere in this Schedule) for the provision of entertainment, leisure or recreation activities of any description, where the activity is principally for the benefit of visiting members of the public.

Sports groundsU.K.

4(1)Use as a sports ground (but see paragraph 3 of Schedule 2).

(2)“Sports ground”—

(a)in relation to England and Wales and Scotland, has the meaning given by section 17(1) of the Safety of Sports Grounds Act 1975;

(b)in relation to Northern Ireland, has the meaning given by Article 2(2) of the Safety of Sports Grounds (Northern Ireland) Order 2006 (S.I. 2006/313 (N.I. 2)).

Libraries, museums and galleries etcU.K.

5(1)Use as a library, museum or gallery where admittance is principally to visiting members of the public.

(2)In this paragraph “museum or gallery” includes—

(a)an archive, and

(b)a site where a collection of objects or works (or a single object or work) considered to be of scientific, historic, artistic or cultural interest is exhibited outdoors or partly outdoors.

Halls etcU.K.

6Use as—

(a)a venue for hire for events or activities,

(b)an exhibition hall, or

(c)a conference centre,

where the events, activities, exhibits or conferences are principally for the benefit of visiting members of the public.

Visitor attractionsU.K.

7Use as a visitor attraction of cultural, historic, touristic or educational value.

Hotels etcU.K.

8Use as—

(a)a hotel;

(b)a hostel;

(c)a holiday park.

Places of worshipU.K.

9(1)Use for—

(a)communal worship, or

(b)other communal religious practice,

in accordance with the tenets of a particular religion or religious denomination.

(2)Where the relevant Schedule 1 use of qualifying premises is the use mentioned in sub-paragraph (1), the premises are standard duty premises for the purposes of this Part (regardless of how they would otherwise be treated).

Health careU.K.

10(1)Use as a hospital or for the provision of health care.

(2)Where the relevant Schedule 1 use of qualifying premises is use as a hospital, the person responsible for the premises for the purposes of this Part is—

(a)where the hospital is operated by an NHS trust, NHS foundation trust or Health and Social Care trust, that trust;

(b)where the hospital is operated by a Health Board or Special Health Board, that Board;

(c)in any other case, the governing body of the hospital.

(3)In this paragraph—

• “Health and Social Care trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));

• “Health Board” and “Special Health Board” have the same meanings as in the National Health Service (Scotland) Act 1978;

• “health care” means all forms of health care provided to individuals, whether relating to physical or mental health, and including ancillary care;

• “hospital”—

  (a)

  in relation to England and Wales, has the meaning given by section 275 of the National Health Service Act 2006;

  (b)

  in relation to Scotland, has the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978;

  (c)

  in relation to Northern Ireland, has the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));

• “NHS trust” and “NHS foundation trust” have the same meanings as in the National Health Service Act 2006.

Bus stations, railway stations etcU.K.

11(1)Use as—

(a)a railway station,

(b)a bus or coach station,

(c)a tramway station, or

(d)any other station forming part of a transport system which uses a mode of guided transport and is not a trolley vehicle system.

(2)In this paragraph—

• “guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way);

• “railway” means a system of transport employing parallel rails which—

  (a)

  provides support and guidance for vehicles carried on flanged wheels, and

  (b)

  forms a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level), but does not include a tramway;

• “railway station” means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;

• “trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles).

AerodromesU.K.

12Use for affording facilities for the landing and departure of aircraft (including those capable of descending or climbing vertically), other than use exclusively for military purposes (but see paragraph 4(a) of Schedule 2).

ChildcareU.K.

13(1)Use for the provision of—

(a)in England—

(i)early years provision in respect of which a person is required to be registered under section 34 of the Childcare Act 2006,

(ii)later years provision in respect of which a person is required to be registered under section 53 of that Act, or

(iii)education or childcare in a maintained nursery school within the meaning of section 22 of the School Standards and Framework Act 1998;

(b)in Wales—

(i)day care for children within the meaning of Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1), or

(ii)childcare in a school in Wales within the meaning of the Education Act 1996 as it applies in relation to Wales (see section 4 of that Act);

(c)in Scotland—

(i)early learning and childcare within the meaning of Part 6 of the Children and Young People (Scotland) Act 2014 (asp 8) (see section 46 of that Act), or

(ii)the day care of children within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8) (see paragraph 13 of Schedule 12 to that Act);

(d)in Northern Ireland—

(i)day care for children within the meaning given by Article 2(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(ii)pre-school education, within the meaning given by Article 17(8) of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), or

(iii)education in a nursery school, within the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).

(2)In sub-paragraph (1)(a) “childcare”, “early years provision” and “later years provision” have the same meanings as in Part 3 of the Childcare Act 2006 (see section 98 of that Act).

(3)Where the relevant Schedule 1 use of qualifying premises is a use mentioned in sub-paragraph (1), the premises are standard duty premises for the purposes of this Part (regardless of how they would otherwise be treated).

Primary and secondary educationU.K.

14(1)Use for the purposes of a primary or secondary education institution.

(2)In this paragraph “primary or secondary education institution” means—

(a)an institution in England or Wales which is—

(i)a school that has been approved under section 342 of the Education Act 1996,

(ii)a maintained school within the meaning given by section 20(7) of the School Standards and Framework Act 1998,

(iii)an independent school registered under section 158 of the Education Act 2002,

(iv)an independent educational institution registered under section 95(1) of the Education and Skills Act 2008,

(v)an Academy school within the meaning given by section 1A of the Academies Act 2010,

(vi)an alternative provision Academy within the meaning given by section 1C of that Act, or

(vii)a pupil referral unit or other institution at which education is provided in pursuance of arrangements made under section 19 or 19A of the Education Act 1996;

(b)in Scotland, a grant-aided school, independent school or public school within the meanings given by section 135 of the Education (Scotland) Act 1980;

(c)in Northern Ireland, a school within the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)) at which full‐time education is provided for pupils of compulsory school age (whether or not full-time or part-time education is also provided for pupils under or over that age).

(3)Where the relevant Schedule 1 use of qualifying premises is use for the purposes of a primary or secondary education institution—

(a)the person responsible for the premises for the purposes of this Part is—

(i)in a case where the institution is a pupil referral unit, the local authority by which it is maintained, and

(ii)in any other case, the governing body or, where there is no governing body, the proprietor of the institution, and

(b)the premises are standard duty premises for the purposes of this Part (regardless of how they would otherwise be treated).

Further educationU.K.

15(1)Use for the provision of—

(a)further education in an institution in England within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992),

(b)education in a 16 to 19 Academy in England,

(c)education in England by an independent training provider,

(d)further education for persons under 19 by a local authority in England,

(e)further education in an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992),

(f)any other post-16 education or training in Wales, the facilities for which are secured under section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 2000, that is funded by the Welsh Ministers or a local authority in Wales, but that is not provided by—

(i)an institution in Wales within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992), or

(ii)a person who is a provider of such post-16 education or training only by reason of providing such education or training to the person’s employees,

(g)further education in Scotland by a body listed in Schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6),

(h)further education in Scotland by a college of further education which is assigned to a regional strategic body by an order made under section 7C of that Act, or

(i)further education at an institution recognised under Article 8 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) or established under section 5 of the Agriculture Act (Northern Ireland) 1949 (c. 2 (N.I.)).

(2)Where the relevant Schedule 1 use of qualifying premises is a use mentioned in sub-paragraph (1)—

(a)the person responsible for the premises for the purposes of this Part is—

(i)in a case within paragraph (a), (e), (h) or (i) of that sub-paragraph, the governing body of the institution, college or institute concerned;

(ii)in a case within paragraph (b) of that sub-paragraph, the proprietor of the 16 to 19 Academy concerned;

(iii)in a case within paragraph (c) of that sub-paragraph, the independent training provider concerned;

(iv)in a case within paragraph (d) of that sub-paragraph, the local authority in England concerned;

(v)in a case within paragraph (f) of that sub-paragraph, the person providing the education concerned;

(vi)in a case within paragraph (g) of that sub-paragraph, the listed body concerned, and

(b)the premises are standard duty premises for the purposes of this Part (regardless of how they would otherwise be treated).

(3)In this paragraph—

• “16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;

• “further education”—

  (a)

  in relation to provision in England or Wales, has the same meaning as in the Education Act 1996 (see section 2 of that Act);

  (b)

  in relation to provision in Scotland, has the same meaning as in Part 1 of the Further and Higher Education (Scotland) Act 1992 (see sections 1(3) and 6 of that Act);

  (c)

  in relation to provision in Northern Ireland, has the meaning given by Article 3 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15));

• “independent training provider” means a provider—

  (a)

  that is a provider of post-16 education or training in England—

  (i)

  to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 (inspection of further education and training etc) applies, and

  (ii)

  which is funded, wholly or partly, by the Secretary of State, a local authority in England, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, and

  (b)

  that is not—

  (i)

  an employer who only provides such education or training to its employees,

  (ii)

  a 16 to 19 Academy,

  (iii)

  a school (within the meaning of section 4(1) of the Education Act 1996),

  (iv)

  a local authority in England,

  (v)

  an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), or

  (vi)

  a higher education provider (within the meaning given by section 83(1) of the Higher Education and Research Act 2017);

• “local authority in England” has the same meaning as in the Education Act 1996 (see sections 579(1) and 581 of that Act);

• “local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).

Higher educationU.K.

16(1)Use for the purposes of a higher education institution.

(2)Where the relevant Schedule 1 use of qualifying premises is use for the purposes of a higher education institution the person responsible for the premises for the purposes of this Part is the governing body of the institution.

(3)In this paragraph—

• “governing body”—

  (a)

  in relation to a higher education institution in England or Wales, has the meaning given by section 85 of the Higher Education and Research Act 2017;

  (b)

  in relation to a higher education institution in Scotland, has the meaning given by section 35(2) of the Further and Higher Education (Scotland) Act 2005;

  (c)

  in relation to a higher education institution in Northern Ireland, has the meaning given by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12));

• “higher education institution” means—

  (a)

  an institution in England or Wales which is—

  (i)

  a qualifying institution within the meaning of section 11 of the Higher Education Act 2004 (including a training provider who is a qualifying institution by virtue of that section and section 21(1) of that Act), or

  (ii)

  an institution principally concerned with the provision of education by means of courses of a description mentioned in Schedule 6 to the Education Reform Act 1988 (higher education courses);

  (b)

  a provider of higher education in England and Wales designated under section 84 of the Higher Education and Research Act 2017;

  (c)

  in Scotland, a higher education institution within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005 (asp 6);

  (d)

  an institution in Northern Ireland which provides higher education within the meaning given by Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15));

• “training provider” means a person who provides training in England or Wales for members of the school workforce within the meaning of Part 3 of the Education Act 2005 (see section 100 of that Act);

• “use for the purposes of a higher education institution” includes providing residential accommodation for students at a higher education institution where the accommodation is managed by or on behalf of the institution.

Public authoritiesU.K.

17(1)Use (other than use mentioned elsewhere in this Schedule) for the provision by a public authority of facilities or services to visiting members of the public.

(2)Where the relevant Schedule 1 use of qualifying premises is the use mentioned in sub-paragraph (1), the person responsible for the premises is the public authority.

(3)In this paragraph “public authority” means a person exercising functions of a public nature.

References to visiting members of the publicU.K.

18In determining for the purposes of this Schedule whether premises are used by visiting members of the public, it is irrelevant that access to the premises may be limited (at all times or particular times) to members of the public who—

(a)have paid to access the premises,

(b)have tickets or passes allowing access, or

(c)are members or guests of a club, association or similar body.