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Statutory Instruments

1989 No. 2436 (S.163)

RATING AND VALUATION

COMMUNITY CHARGES, SCOTLAND

WATER SUPPLY, SCOTLAND

The Non-Domestic Rates and Community Charges (Timetable) (Scotland) Amendment Regulations 1989

Made

20th December 1989

Laid before Parliament

28th December 1989

Coming into force

22nd January 1990

The Secretary of State, in exercise of the powers conferred upon him by sections 10(7A), 26(1) and 31(2) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987((1)), and those sections as read with paragraph 11 of Schedule 5 to that Act((2)) and with the Community Water Charges (Scotland) Regulations 1988((3)) and the Community Water Charges (Scotland) Amendment Regulations 1989((4)) made under the said paragraph 11, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Non-Domestic Rates and Community Charges (Timetable) (Scotland) Amendment Regulations 1989 and shall come into force on 22nd January 1990.

Interpretation

2. In these Regulations-

"the 1987 Act" means the Abolition of Domestic Rates Etc. (Scotland) Act 1987; and

"the principal Regulations" means the Non-Domestic Rates and Community Charges (Timetable) (Scotland) Regulations 1987((5)).

Prescribed date for determining the standard community charge multipliers

3. Subject to regulation 4 of the principal Regulations, for the purposes of section 10(7A) of the 1987 Act (the date before which a local authority is required to determine their standard community charge multiplier or multipliers), the date prescribed, in relation to the financial year 1990-91 and each subsequent financial year, is 29th January in the financial year immediately preceding each of those years.

Amendment of principal Regulations

4. In Schedule 2 to the principal Regulations, the entry in columns 1 and 2 of that Schedule relating to section 10(7) of the 1987 Act is hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew's House,

Edinburgh

20th December 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the date, in relation to the financial year 1990-91 and each subsequent financial year, before which a local authority is required to determine their standard community charge multiplier or multipliers. The date prescribed is 29th January in the financial year preceding each of these years.

These Regulations also revoke the entry in Schedule 2 to the Non-Domestic Rates and Community Charges (Timetable) (Scotland) Regulations 1987 (S.I. 1987/2167) which prescribes 29th January as the date before which a local authority was required to determine their standard community charge multiplier. This entry is superseded because the power under which it was made, namely section 10(7) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987, has been amended and substituted by amendments to section 10, made by section 142 of the Local Government and Housing Act 1989, under which these Regulations are made.

(1)

1987 c. 47; section 10(7A) was inserted by the Local Government and Housing Act 1989 (c. 42), section 142; this amendment has effect only for the purposes of and in relation to the financial year 1990-91 and subsequent financial years, as provided for in the Local Government and Housing Act 1989 (Commencement No. 1) Order 1989 (S.I. 1989/2180), Schedule 1; section 26(1) contains a definition of "prescribed" relevant to the exercise of the powers under which these Regulations are made.

(2)

Paragraph 11 of Schedule 5 was amended by the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 38.

(3)

S.I. 1988/1538

(4)

S.I. 1989/2362

(5)

S.I. 1987/2167

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