# The Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2012

S.S.I. 2012/339 · made 6 December 2012

This Order amends the Council Tax (Exempt Dwellings) (Scotland) Order 1997 as regards dwellings that, under that Order, are classed as empty.

Made under: Local Government Finance Act 1992 (Section 72, Section 113)

PDFs: Printed copy https://openlegislation.uk/council-tax-exempt-dwellings-scotland-amendment-order-2012/pdf/ssi_20120339_en.pdf; Policy Note https://openlegislation.uk/council-tax-exempt-dwellings-scotland-amendment-order-2012/pdf/ssipn_20120339_en.pdf

## Introductory text

Council Tax
Made 6th December 2012
Laid before the Scottish Parliament 10th December 2012
Coming into force 1st April 2013
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 72(6), 72(7) and 113(2) of the Local Government Finance Act 1992 and all other powers enabling them to do so.

## 1 Citation and commencement

This Order may be cited as the Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2012 and comes into force on 1st April 2013.

## 2 Amendment of the Council Tax (Exempt Dwellings) (Scotland) Order 1997

In paragraph 4(b) (empty dwellings) of Schedule 1 to the Council Tax (Exempt Dwellings) (Scotland) Order 1997—
(a) for “6 weeks” substitute “3 months”; and
(b) omit “or furnished”.

## 3 Transitional provision

The change made by article 2 does not have effect for the purposes of determining whether a dwelling is empty prior to 13th May 2013 where the dwelling concerned—
(a) is unoccupied and unfurnished during any day in the period of 6 weeks prior to 1st April 2013; and
(b) then becomes occupied or furnished for a continuous period of 6 weeks that ends prior to 13th May 2013.

## Signature

M J BURGESS
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
6th December 2012

## Explanatory note

(This note is not part of the Order)
This Order amends the Council Tax (Exempt Dwellings) (Scotland) Order 1997 as regards dwellings that, under that Order, are classed as empty.
Dwellings which are both unoccupied and unfurnished are exempt from council tax liability for a period of up to 6 months. The amendment made by article 2 provides that a second claim for the exemption will only be possible after a property has been occupied for a period of at least three months, in place of a requirement of occupation or furnishing for a period of at least six weeks.
Article 3 makes transitional provision to preserve the current position in relation to short term periods of occupation that begin during the six weeks before this Order has effect, but end during the six weeks after this Order has effect.

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Source: https://www.legislation.gov.uk/ssi/2012/339 (the official version)
Page: https://openlegislation.uk/council-tax-exempt-dwellings-scotland-amendment-order-2012
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.