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The Community Water Charges (Scotland) Regulations 1988

S.I. 1988/1538 · Made 6 September 1988

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

WATER SUPPLY, SCOTLAND

Made 6th September 1988

Laid before Parliament 9th September 1988

Coming into force 1st October 1988

The Secretary of State, in exercise of the powers conferred upon him by sections 26(1) and 31(3) of, and paragraph 11 of Schedule 5 to, the Abolition of Domestic Rates Etc. (Scotland) Act 1987 f1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1987 c. 47; section 26(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made; paragraph 11 of Schedule 5 was amended by the Local Government Finance Act 1988 (c. 41) ( “the 1988 Act”), Schedule 12, paragraph 38.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Application to community water charges
  4. Signature
  5. Schedule: APPLICATION OF PART II OF, AND SCHEDULES 1A AND 2 TO, THE ACT IN RELATION TO THE COMMUNITY WATER CHARGES
  6. 1General
  7. 2Section 7
  8. 3Section 9
  9. 4Section 10
  10. 5Section 11
  11. 6Section 11B
  12. 7Section 12
  13. 8Section 13
  14. 9Section 18
  15. 10Section 19
  16. 11Section 20
  17. 12Section 22
  18. 13Schedule 2, paragraph 1
  19. 14Schedule 2, paragraphs 2 and 2A
  20. 15Schedule 2, paragraph 4
  21. 16Schedule 2, paragraph 6
  22. Explanatory note

1Citation and commencement

These Regulations may be cited as the Community Water Charges (Scotland) Regulations 1988 and shall come into force on 1st October 1988.

2Interpretation

In these Regulations—

  • “the Act” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987,

and any reference in these Regulations to a section or Schedule is, unless otherwise expressly stated, a reference to a section of, or a Schedule to, the Act.

3Application to community water charges

For the purposes of paragraph 11 of Schedule 5 to the Act (which provides for the provisions of Part II of, and Schedules 1A and 2 to, the Act f1 to have effect, subject to paragraphs 7 and 8 (liability to pay community water charges) of Schedule 5 and to such adaptations, exceptions and modifications as may be prescribed, in relation to the community water charges as they have effect in relation to the corresponding community charges), there are prescribed the adaptations, exceptions and modifications set out in the Schedule to these Regulations.

Signature

Ian Lang

Minister of State, Scottish Office St.

Andrew’s House,

Edinburgh

6th September 1988

1General

Subject to the following paragraphs of this Schedule, for any reference in the provisions of Part II of, or Schedule 1A or 2 to, the Act to an expression listed in column 1 of the table below, there shall be substituted a reference to the corresponding expression listed opposite thereto in column 2 of that table:—

TABLE

Column 1Column 2
Community chargeCommunity water charge
Personal community chargePersonal community water charge
Standard community chargeStandard community water charge
Collective community chargeCollective community water charge
Standard community charge contributionStandard community water charge contribution
Collective community charge contributionCollective community water charge contribution
Regional community chargesRegional community water charges
Islands community chargesIslands community water charges
Local authorityRegional or islands council.

2Section 7

Section 7 shall not apply.

3Section 9

Section 9 shall not apply.

4Section 10

(1)

For subsection (5) of section 10, there shall be substituted the following subsection:—

“(5)

The standard community water charge shall be due to the regional or islands council in the area of which the premises in respect of which it is payable are situated.”.

(2)

There shall not be a standard community water charge multiplier and accordingly the references to the standard community charge multiplier in subsections (6) and (7) of that section shall continue to be to that multiplier.

(3)

In subsections (8) and (8A) of that section, for the words “levying authority” there shall be substituted the words “regional or islands council”.

(4)

Subsection (8C) of that section shall not apply.

5Section 11

(1)

For subsection (6) of section 11, there shall be substituted the following subsection:—

“(6)

The collective community water charge shall be due to the regional or islands council in the area of which the premises in respect of which it is payable are situated.”.

(2)

There shall not be a collective community water charge multiplier and accordingly—

(a)

the references to the collective community charge multiplier in sub-sections (7), (8), (9) and (10) of that section shall continue to be to that multiplier; and

(b)

the reference to the personal community charge in sub-section (10) of that section shall continue to be to that charge.

(3)

For paragraph (i) of subsection (11) of that section, there shall be substituted the following paragraph:—

“(i)

the amount in this paragraph is the amount of the personal community water charge determined in respect of that year by the regional or islands council in the area of which the premises are situated;”.

6Section 11B

Section 11B shall not apply.

7Section 12

There shall not be a separate registration officer under section 12 in respect of the community water charges.

8Section 13

(1)

There shall not be a separate register under section 13 in respect of the community water charges.

(2)

Subsection (1)(a) to (e) of that section shall not apply.

9Section 18

In subsection (3) of section 18, the words from “and where the levying authority” to the end shall not apply.

10Section 19

As a consequence of paragraph 5(2) above, in paragraph (c) of section 19, the reference to the collective community charge multiplier shall continue to be to that multiplier.

11Section 20

As a consequence of paragraph 5(2) above, in subsection (2)(a)(iii) of section 20, the reference to the collective community charge multiplier shall continue to be to that multiplier.

12Section 22

Section 22 shall not apply.

13Schedule 2, paragraph 1

For paragraph 1 of Schedule 2, there shall be substituted the following paragraph:—

“1

The local authority for the purpose of levying the community water charges shall be known as the “levying authority” and shall be the regional or, as the case may be, the islands council.”.

14Schedule 2, paragraphs 2 and 2A

(1)

In Schedule 2, sub-paragraph (1)(b) of paragraph 2 shall not apply.

(2)

There shall not be a separate demand notice issued under paragraph 2 or 2A of Schedule 2 in respect of a person’s liability to pay any of the community water charges and any demand notice issued in respect of a person’s liability to pay any of the community charges shall include a notice of any liability of that person to pay the corresponding community water charge.

15Schedule 2, paragraph 4

(1)

In sub-paragraph (7) of paragraph 4 of Schedule 2, the reference to “any community charge” shall not be adapted by paragraph 1 above to refer to any corresponding community water charge.

(2)

Sub-paragraphs (11) and (12) of paragraph 4 of that Schedule shall not apply.

16Schedule 2, paragraph 6

In Schedule 2, paragraph 6 shall not apply.

Explanatory note

(This note is not part of the Regulations)

Paragraph 11 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (as amended by paragraph 38 of Schedule 12 to the Local Government Finance Act 1988) provides for the provisions of Part II of, and Schedules 1A and 2 to, that Act (as amended by section 129 of, and Schedules 12 and 13 to, the 1988 Act) to have effect, subject to paragraphs 7 and 8 of Schedule 5 (liability to pay community water charges) and to such adaptations, exceptions and modifications as may be prescribed, in relation to the community water charges as they have effect in relation to the corresponding community charges.

These Regulations prescribe the adaptations, exceptions and modifications for this purpose.