Local Government (Financial Provisions) (No. 2) Act, 1983

Amount and payment of charges made by virtue of section 2 .

3.—(1) A charge made by a local authority by virtue of section 2 of this Act shall be of such amount as the authority considers appropriate and shall be payable by and recoverable from the person for whom the service is provided, or, where the service is provided in respect of premises—

(a) in case the premises are not owned by a local authority and comprise more than one dwelling, the owner of the premises, and

(b) in any other case, the occupier of the premises,

and different such charges may be made by such an authority in respect of persons, premises or services of different classes or descriptions.

(2) In this section—

“dwelling” includes a part of any premises let as a separate dwelling, whether or not the person to whom it is let shares with any other person any accommodation, amenity or facility in connection therewith or any other portion of the premises;

“owner” means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let.