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Opinions of the Lords of Appeal for Judgement in the cause Gallagher (Valuation Officer) v Church of Latter-Day Saints [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] UKHL 56, 30 July 2008. The appellant church (C) appealed against a decision (see L136882) that buildings on a site owned by it were not exempt from business rates under the Local Government and Finance Act 1988. The valuation officer had accepted a large building, known as the Stake Centre (chapel, hall, meeting rooms, offices and baptistery), was a 'place of public worship' entitled to exemption, but rejected the exemption claims in respect of other buildings owned by the church. In particular, the temple was not a place of religious worship because it was not open to the public, but only open to particular Mormons known as patrons. C submitted that the temple did not have to be open to the public and that denying exemption was discrimination on grounds of religion contrary to the European Convention on Human Rights. Held: appeal dismissed. The Temple was not a place of public worship, and thus not exempt from the rating list. The 1988 Act did not discriminate on the ground of religion. The rule that the exemption was accorded to places of worship only if they were open to the public was general; anyone could comply.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 145295-1001

[2008] UKHL 56, 30 July 2008. The appellant church (C) appealed against a decision (see L136882) that buildings on a site owned by it were not exempt from business rates under the Local Government and Finance Act 1988. The valuation officer had accepted a large building, known as the Stake Centre (chapel, hall, meeting rooms, offices and baptistery), was a 'place of public worship' entitled to exemption, but rejected the exemption claims in respect of other buildings owned by the church. In particular, the temple was not a place of religious worship because it was not open to the public, but only open to particular Mormons known as patrons. C submitted that the temple did not have to be open to the public and that denying exemption was discrimination on grounds of religion contrary to the European Convention on Human Rights. Held: appeal dismissed. The Temple was not a place of public worship, and thus not exempt from the rating list. The 1988 Act did not discriminate on the ground of religion. The rule that the exemption was accorded to places of worship only if they were open to the public was general; anyone could comply.