Citation and commencement

1. These Regulations may be cited as the Non Domestic Rates (Levying) (Scotland) Regulations 2008 and come into force on 1st April 2008.

Interpretation

2. In these Regulations-

"the 1962 Act" means the Local Government (Financial Provisions etc.) (Scotland) Act 1962(2);

"the 1966 Act" means the Local Government (Scotland) Act 1966(3);

"the 1975 Act" means the Local Government (Scotland) Act 1975(4);

"the 1978 Act" means the Rating (Disabled Persons) Act 1978(5);

"the 1992 Act" means the Local Government Finance Act 1992(6);

"the 1997 Act" means the Local Government and Rating Act 1997(7);

"the 2007 Regulations" means the Non Domestic Rates (Levying) (Scotland) Regulations 2007(8);

"lands and heritages" has the meaning prescribed by and under section 42 of the Lands Valuation (Scotland) Act 1854(9);

"part residential subjects" has the meaning prescribed by section 99(1) of the 1992 Act;

"rateable value", in relation to lands and heritages and a particular date, means-

and includes a rateable value so entered with retrospective effect;

"rates" means non domestic rates levied under section 7B of the 1975 Act(10);

"the relevant year" means the period of 12 months beginning with 1st April 2008; and

"the roll" means a valuation roll made up under section 1 of the 1975 Act(11).

Amount payable as rates - lands and heritages with rateable value of £15,000 or less

3.–(1) This regulation applies to lands and heritages on a day in the relevant year where they have a rateable value of £15,000 or less.

(2) Subject to paragraph (3), where the cumulative rateable value of lands and heritages to which this regulation applies falls within one of the ranges specified in column 1 (cumulative rateable value range) of the table below, the amount of rates payable shall be reduced by the percentage of rate relief specified in the corresponding entry in column 2 (percentage of rate relief).

(3) The amount of rate relief calculated under paragraph (2) shall be reduced by the amount of any-

(a) reduction by virtue of one or more of the following enactments:-

(i) section 4(2) of the 1962 Act(12);

(ii) section 4(5)(c) of the 1962 Act(13);

(iii) section 24(3) of the 1966 Act(14);

(iv) section 24A of the 1966 Act(15);

(v) the 1978 Act;

(vi) paragraph 3 of Schedule 2 to the 1997 Act(16); or

(b) determination in accordance with sections 6(1) and 7B(2) of the Valuation and Rating (Scotland) Act 1956(17),

but only to the extent that the amount of such rate relief is reduced to nil.

(4) For the purposes of this regulation the "cumulative rateable value" is the total rateable value of all lands and heritages which an individual ratepayer is either-

(i) entitled to occupy, whether they are occupied or not; or

(ii) actually in occupation of, whether entitled to or not,

or both.

Amount payable as rates - lands and heritages with rateable value of more than £29,000

4.–(1) This regulation applies to lands and heritages on any day in the relevant year when they have a rateable value exceeding £29,000.

(2) The additional amount payable as rates in respect of lands and heritages for a day in the relevant year on which this regulation applies to them shall be calculated in accordance with the formula-

Exemptions and discretionary reductions and remissions

5. Nothing in these Regulations-

(a) shall require rates to be paid in respect of lands and heritages for any day where those lands and heritages are under any enactment entirely exempt from rates for that day; or

(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(18), section 25A of the 1966 Act(19) or paragraph 4 of Schedule 2 to the 1997 Act(20).

Revocation

6.–(1) Subject to paragraph (2), the 2007 Regulations are revoked.

(2) Nothing in paragraph (1) shall affect the continuing operation of the 2007 Regulations as regards any day prior to 1st April 2008.

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the amount payable in certain circumstances as non domestic rates in respect of non domestic subjects in Scotland. They apply only to the financial year 2008 2009. The non domestic rate for subjects not covered by these Regulations is fixed by Order made under the Local Government (Scotland) Act 1975. For the year 2008 2009, the rate is fixed by S.S.I.

2008/32.

Regulation 3 provides for the general reduction in rates for non domestic subjects with a rateable value of £15,000 or less. Regulation 3(2) sets out the reduction on a sliding scale of between 20% and 80%.

Regulation 3(3) provides for a reduction in rate relief (calculated in accordance with regulation 3(2)) if the enactments listed in regulation 3(3)(a) and (b) already provide for a reduction or determination.

Regulation 4 provides a formula for the additional amount payable as rates for lands and heritages with a rateable value exceeding £29,000.

Regulation 5 allows for exemptions and discretionary reductions.

The 2007 Regulations are revoked by regulation 6.