Statutory Instruments of the Scottish Parliament

"the 1992 Act" means the Local Government Finance Act 1992[2];

"the 1994 Act" means the Local Government etc. (Scotland) Act 1994;

"charges scheme" has the same meaning as in Part II of the 1994 Act;

"council tax" has the same meaning as in Part II of the 1992 Act;

"council tax benefit" has the same meaning as in Part VII of the Social Security Contributions and Benefits Act 1992[3];

"dwelling" has the same meaning as in Part II of the 1992 Act;

"new water and sewerage authority" has the same meaning as in Part II of the 1994 Act;

"sewerage charges" means charges payable under a charges scheme in respect of the provision of sewerage services to a dwelling in the relevant year;

"the relevant year" means the period of 12 months beginning on 1st April 2001;

"water charges" means charges payable under a charges scheme in respect of the provision of water supply services to a dwelling in the relevant year.

Reduction of Charges
     3. Where a person is, under a charges scheme, liable to pay an amount-

(a) in respect of the provision of water supply services or sewerage services or both by a new water and sewerage authority to a dwelling in the relevant year, and

(b) the amount is payable to a local authority by virtue of the Water Services Charges (Billing and Collection) (Scotland) Order 1998[4],

the amount payable in respect of the relevant year shall be less than it would be but for these regulations and shall be reduced by the amount calculated in accordance with regulation 4 below.

Amount of Charges
     4.  - (1) Where regulation 3 above applies, the amount of the reduction shall be calculated in accordance with the following formula-

    (3) In any case where R is zero or less, it shall be treated as zero.


SAM GALBRAITH
A member of the Scottish Executive

St Andrew's House, Edinburgh
20th March 2001

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for reductions in water and sewerage charges in Scotland from 1st April 2001 until 31st March 2002 ("the relevant year").

Regulations 3 and 4 make provision for a reduction in the water and sewerage charges due to a local authority for those in receipt of council tax benefit. The reduction applies to charges in a range from a threshold of £180 to the charges payable for properties in council tax Band E. There is no provision for reductions in charges that are due in the relevant year which fall either below £180 or above the Band E level. Within that range the Regulations provide that the proportion of the water and sewerage charge liability above the threshold attracts relief proportionate to council tax benefit received by virtue of the Social Security Contributions and Benefits Act 1992.

[1] 1994 c.39. The functions of the Secretary of State were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] 1992 c.14.back

[3] 1992 c.4.back

[4] S.I. 1998/634back

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