The owner of a hereditament or land is the person entitled to possession of it.
Whether a hereditament or land is occupied, and who is the occupier, shall be determined by reference to the rules which would have applied for the purposes of the 1967 Act had this Act not been passed (ignoring any express statutory rules such as those in sections 24 and 46A of that Act).
Subsections (1) and (2) above shall have effect subject to the following provisions of this section.
Regulations under section 64(3) above may include rules for ascertaining—
A hereditament which is not in use shall be treated as unoccupied if (apart from this subsection) it would be treated as occupied by reason only of there being kept in or on the hereditament plant, machinery or equipment—
A hereditament shall be treated as unoccupied if (apart from this subsection) it would be treated as occupied by reason only of—
In subsection (6) above "returning officer" shall be construed in accordance with section 24 or 35 of the Representation of the People Act 1983 (as the case may be).
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.
In a case where—
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.
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