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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2001/20010071.html
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The Scottish Ministers, in exercise of the powers conferred by section 153 of the Local Government etc. (Scotland) Act 1994[1] and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation and commencement 1. These Regulations may be cited as the Non-Domestic Rates (Levying) (Scotland) Regulations 2001 and shall come into force on 1st April 2001. Interpretation - general 2. In these Regulations-
(b) in any other case, the rateable value entered in the roll for that date in respect of those lands and heritages,
and includes a rateable value so entered with retrospective effect;
Interpretation - mergers
(ii) the merged entry does not show any lands and heritages shown in an old entry, other than in the relevant old entries; and
(b) "the relevant old entries", in relation to a merged entry, means the old entries which showed the lands and heritages shown in the merged entry.
Interpretation - splits
(ii) no lands and heritages shown in the relevant old entry are shown in a new entry, other than in those new entries; and
(b) "the relevant old entry", in relation to a split entry, means the old entry which showed the lands and heritages shown in the split entry.
Interpretation - reorganisations
(ii) which are part only of lands and heritages shown in a single old entry and the other part of which is shown to any extent in one or more other new entries;
(b) "reorganisation" means a situation where, with effect from a day in the relevant year, lands and heritages shown immediately before that day in two or more old entries are shown in two or more new entries, each of which is a reorganised entry; and
Application of Part II 6. - (1) Subject to paragraph (2) below, this Part applies to lands and heritages which are shown in the roll on 1st April 2001 if either-
(b) Part III of those Regulations,
applies to them as regards 31st March 2001, and they are not shown in a merged, split or reorganised entry taking effect on 1st April 2001.
Notional liability
(b) 0.47, in any other case.
Changes in rateable value after 1st April 2001
(b) 0.47, in any other case.
(2) Where the rateable value of lands and heritages to which this Part applies is reduced with effect from a day in the relevant year subsequent to 1st April 2001, as a result of-
(b) the assessor amending or adding an apportionment note under paragraph 2 of Schedule 5 to the 1992 Act,
the ARP shall not be payable but shall, as regards days in that year on and after that effective day, be calculated in accordance with the formula-
Application of Part III 10. - (1) Where, subsequent to 31st March 2001, lands and heritages are shown in a merged, split or reorganised entry with effect from a day in the relevant year (the "effective day"), this Part shall, subject to paragraph (2) below, apply to those lands and heritages as from that effective day. (2) This Part shall not apply to lands and heritages shown-
(ii) Part III of those Regulations; (iii) regulation 7 above; or (iv) this Part,
applied as regards the day immediately prior to the effective date of that entry;
Mergers and reorganisations-amount payable as rates
(2) For the purpose of paragraph (1) above, the applicable liability in respect of an old entry is-
(b) where this Part applies in respect of those lands and heritages and that day, the amount determined under this Part (before application of Part V below); and (c) in any other case, the amount calculated in accordance with the formula-
Splits - amount payable as rates
Changes in rateable value
(2) Where the rateable value of lands and heritages to which this Part applies is reduced with effect from a day in the relevant year, the amount payable as rates in respect of those lands and heritages and any day in the relevant year on or after that effective day shall, subject to Part V below, be calculated in accordance with the formula-
(3) Where the rateable value of lands and heritages is changed for a second or subsequent time whilst this Part applies to them, paragraphs (1) and (2) above shall have effect with the substitution, in the definition of "AD" in paragraph (1), for the words "regulation 11(1) or 12 above" of the words "this paragraph or paragraph (2) below". Amount payable as rates 14. - (1) This regulation applies to lands and heritages on a day in the relevant year when-
(b) they are not lands and heritages-
(ii) which have their rateable value prescribed in an order made under section 6 of the 1975 Act.
(2) The amount payable as rates in respect of lands and heritages and a day on which this regulation applies to them shall, subject to Part V below, be calculated in accordance with the formula-
Charitable and other reductions 15. - (1) This regulation has effect for determining the amount payable as rates in respect of lands and heritages and a day in the relevant year where-
(ii) section 24(3) of the 1966 Act[12]; (iii) the Rating (Disabled Persons) Act 1978[13]; (iv) paragraph 3 of Schedule 2 to the 1997 Act;
(b) regulation 7 or Part III or IV above has effect as regards those lands and heritages and that day; and
(2) Where this regulation has effect, the amount payable shall be determined by applying the enactments referred to in paragraph (1)(a) above to the amount determined under regulation 7 or Part III or IV above, as the case may be, in the same manner as those enactments are applied to the full amount payable as rates in respect of lands and heritages and a day in the case where neither regulation 7 nor Part III or IV above has effect.
(b) regulation 7 or Part III or IV above has effect as regards those lands and heritages and that day.
(2) Where this regulation has effect, the amount payable shall, subject to paragraph (3) below, be calculated in accordance with the formula-
(3) Where-
(b) the amount payable as rates in respect of those lands and heritages and that day falls to be reduced by virtue of an enactment referred to in paragraph (1)(a)(i), (iii) or (iv) of regulation 15 above,
the amount payable shall be determined in accordance with paragraph (2) of that regulation, but as if for the words "regulation 7 or Part III or IV above, as the case may be," in that paragraph there were substituted the words "regulation 16(2) below".
(b) shall prejudice the power of a rating authority to grant a reduction or remission of rates under section 4(5) of the 1962 Act[15], section 25A of the 1966 Act[16] or paragraph 4 of Schedule 2 to the 1997 Act.
Revocation 18. - (1) Subject to paragraph (2) below, the 2000 Regulations are hereby revoked. (2) Nothing in paragraph (1) above shall affect the continuing operation of the 2000 Regulations as regards any day prior to 1st April 2001. ANGUS MACKAY A member of the Scottish Executive St Andrew's House, Edinburgh 8th March 2001 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make provision as to the amount payable in certain circumstances as non-domestic rates in respect of property in Scotland. They apply only to financial year 2001-2002 ("the relevant year"). Part I makes provision as to citation, commencement and interpretation. Part II deals with amounts payable in respect of property which is shown in the valuation roll as at 1st April 2001. The Part only applies where certain provisions of the Non-Domestic Rates (Levying) (Scotland) Regulations 2000 ("the 2000 Regulations") apply to the property as regards 31st March 2001. The Part ceases to apply to property if and when it becomes the subject of a merged, split or reorganised entry in the valuation roll taking effect during the relevant year. For every day of the relevant year, the notional rates liability for a property (basically, the full amount ordinarily payable as rates) must be compared against the amount payable as rates for that property. The amount payable as rates is calculated in accordance with regulation 7. Regulation 9 specifies how the amount of rates payable are to be recalculated in cases where the rateable value of property changes during the relevant year. Part III makes provision for the situation where property is shown in a merged, split or reorganised entry in the valuation roll which takes effect during the relevant year. If the amount of rates payable in respect of any component of the property shown in the new entry was being determined under the 2000 Regulations or under these Regulations immediately prior to that entry taking effect, then Part III applies to determine the amount payable in respect of that property for the rest of the year. That amount is calculated by apportioning or aggregating, as the case may be, the amount or amounts payable immediately prior to the effective date of the new entry in respect of the property affected by the new entry (regulations 11 and 12). Regulation 13 provides for amounts payable to be recalculated if there is a change in the rateable value of property whilst Part III applies to it. Part IV provides for a general reduction in rates for properties with a rateable value of £10,000 or less which are not otherwise covered by those Regulations. Rates will be payable in respect of such properties as if the rates poundage applicable was 45p rather than the actual 2001/2002 poundage (47p). Part V deals with reductions, remissions and exemptions. Nothing in the Regulations requires the payment of rates on property which is entirely exempt from rates under any other enactment, or prejudices the power of a rating authority to grant discretionary reductions or remissions (regulation 17). Regulations 15 and 16 provide for reductions under other enactments to apply in cases where the amount payable is determined under Part II, III or IV in the same way as they apply in cases where these Regulations do not have effect. Part VI revokes the 2000 Regulations. [1] 1994 c.39. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back [8] Section 7B was inserted by the Local Government Finance Act 1992 (c.14) Act, section 110(2) and was amended by the Local Government etc. (Scotland) Act 1994 (c.39) ("the 1994 Act"), Schedule 13, paragraph 100(4).back [9] Section 1 was repealed in part by the Local Government and Rating Act 1997 (c.29), Schedule 4.back [10] The relevant definition in section 37(1) was amended by the Rating and Valuation (Amendment) (Scotland) Act 1984 (c.31), section 20 and Schedule 2, paragraph 17, by the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47), Schedule 6, and by the 1994 Act, Schedule 13, paragraph 100(8).back [11] Section 4(2) was amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c.23), section 5(a) and Schedule 4, the Local Government and Planning (Scotland) Act 1982 (c.43), section 5(1)(a) and the Local Government Finance Act 1988 (c.41), Schedule 12, paragraph 7.back [12] Section 24 was substituted by the 1994 Act, section 154.back [14] Section 24A was inserted by the 1994 Act, section 155.back [15] Section 4(5) was amended by the Local Government and Planning (Scotland) Act 1982, section 5(1)(b), the 1994 Act, Schedule 13, paragraph 57 and the Local Government and Rating Act 1997, Schedule 3, paragraph 2(a).back [16] Section 25A was inserted by the 1994 Act, section 156back
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| © Crown copyright 2001 | Prepared 26 March 2001 |