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Issues: Whether the building was exempt from the Act under Section 2(2) on the ground that the ten-year period had expired, having regard to the deeming rule for determining the date of completion of construction.
Analysis: Section 2(2) exempts a building from the Act for ten years from the date on which construction is completed. The Explanation creates a deeming mechanism and specifies four possible reference points for completion: report to the local authority, record by the local authority, first assessment becoming effective, and first occupation. Where the first three are available, the earliest of them governs. The entry showing "Q September 1982" in the assessment record did not establish completion on 1 July 1982; it only indicated that the construction fell within the third quarter of 1982. Since the first assessment came into effect on 1 April 1983, the statutory date of completion had to be determined on that basis, and the Act therefore continued to apply.
Conclusion: The exemption claim failed and the building was held to fall within the Act; the finding against the tenant was upheld.
Final Conclusion: The appeal was dismissed, and the eviction decree based on applicability of the Act stood confirmed, with only limited time granted to vacate.
Ratio Decidendi: Where a statute uses a deeming provision to determine completion of construction, the prescribed statutory dates must be applied in the order and manner provided by the Explanation, and an assessment entry indicating a quarter of the year cannot be treated as fixing completion on the first day of that quarter.