Local Government Finance Act 1988 in Scotland
1988 c. 41 · Enacted 29 July 1988 · Extends to England, Wales and Scotland
An Act to create community charges in favour of certain authorities, to create new rating systems, to provide for precepting by certain authorities and levying by certain bodies, to make provision about the payment of grants to certain authorities, to require certain authorities to maintain certain funds, to make provision about the capital expenditure and the administration of the financial affairs of certain authorities, to abolish existing rates, precepts and similar rights, to abolish rate support grants and supplementary grants for transport purposes, to make amendments as to rates and certain grants, to make certain amendments to the law of Scotland as regards community charges, rating and valuation, to provide for the establishment of valuation and community charge tribunals, and for connected purposes.
[29th July 1988]
C1C2C3C4C5C6C7C8Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C9C10C11
Annotations to the whole text
Modifications
- C1
Power to exclude conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 51A(2) (as inserted by Local Government Finance Act 1988 (c. 41, SIF 81:1), s. 135, Sch. 10 para. 8)
- C2
Act amended by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 66(5)(b)
- C3
Act applied by S.I. 1990/72, reg. 8(7)
Act applied (1.12.1991) by Water Resources Act 1991 (c. 57), ss. 135(5), 138(7), 225(2), Sch. 15 para. 12(1) (with ss. 16(6), 178, 179, 182, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Act applied (1.12.1991) by Land Drainage Act 1991 (c. 59), ss. 54(1), 76(2), (with ss. 67(3)(5)(8), 72(6), 74(3)(4))
- C4
Power to apply Act conferred (12.2.1991) by Caravans (Standard Community Charge and Rating) Act 1991 (c. 2), s. 1(7)
Power to exclude conferred (1.7.1992) by 1992 c. 5, ss. 6(2), 192(4)
Power to amend conferred (1.7.1992) by 1992 c. 5, ss. 138(9), 192(4)
- C5
Act excluded (28. 3. 1991) by Community Charges (General Reduction) Act 1991 (c. 9), s. 1(5)
- C6
Act amended (28. 3. 1991) by Community Charges (General Reduction) Act 1991 (c. 9), s. 1(6)
- C7
Act restricted (1. 12. 1991) by Water Resources Act 1991 (c. 57), ss. 106(2)(a), 225(2), Sch. 4 para. 13(2) (with ss. 16(6), 178, 179, 182, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Act extended (4.6.1993) by 1993 c. 17, s. 4; S.I. 1993/1418, art.2
- C8
Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1
Act: Power to apply conferred (29.4.1996) by 1996 c. 12, s. 2(1)
Act: transfer of functions (W.) (1.7.1999 subject to entries in Sch. 1 of the amending S.I.) by 1999 S.I. 1999/672 art. 2 Sch. 1
- C9
Act modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), reg. 18(2)(a) (with reg. 1(2)(3))
- C10
Act applied (with modifications) (E.) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 7
- C11
Act applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 7
Contents
- 41ZALocal rating lists: Wales
- 41ALocal non-domestic rating lists for Welsh billing authorities. Repealed
- 42Contents of local lists.
- 42BPreparation and maintenance of lists.
- 46AUnoccupied hereditaments: new buildings.
- 48ADiscretionary relief: functions of Mayoral development corporations
- 50Joint owners or occupiers.
- 51Exemption.
- 52ZACentral rating lists for Wales
- 53Contents of central lists.
- 54ZARelief for telecommunications infrastructure Repealed
- 54APostponement of compilation of Welsh lists for 2015 onwards Repealed
- 54ABPower to amend revaluation year: Wales
- 56Valuation and multipliers.
- 57Special provision for 1990-95.
- 59ALocal retention of non-domestic rates
- 62Administration.
- 62ARecovery by taking control of goods
- 63Death.
- 63CFreedom of information
- Anti-avoidance: Wales
- 63FArtificial non-domestic rating avoidance arrangements: introduction
- 63GMeaning of “advantage”
- 63HMeaning of “artificial”
- 63ILiability to non-domestic rating: local lists
- 63JLiability to non-domestic rating: central lists
- 63KLiability to non-domestic rating: notification
- 63LAppeals to valuation tribunal
- 63MPenalties
- Precepts
- Chapter 1: General
- Introduction
- 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Introductory
- 77AApplication of Chapter 2
- 83Payment of sums.
- Revenue support grant: amending reports
- 84BCalculation of sums payable under amending reports.
- 84CPayment of sums under amending reports.
- 84DApplication of Chapter 3
- Additional grant: Wales
- 86AAdditional grant: Wales
- 86BEffect of additional grant report’s approval: Wales
- Transport grants
- 88CSpecial grants: Wales
- 89APrincipal councils in Wales.
- 93The City fund.
- 94The City: further provisions.
- Calculations
- Transfers between funds
- Regulations about funds
- 114AFunctions of responsible officer as regards reports—local authorities operating executive arrangements
- 115ADuties of Mayor of London and London Assembly as regards reports.
- 119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 120Refund of overpayments.
- 121Valuation according to tone of list.
- 122Rating of statutory water undertakings.
- 123Rating amendments: miscellaneous.
- 124Rate support grant: abolition.
- 125Transport grants: abolition.
- 127London Regional Transport grants: amendment.
- Part X: Scotland
- 128Levying of rates. Repealed
- 129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part XI: Miscellaneous and General
- Other miscellaneous provisions
- 133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 135Social security.
- 137Amendments.
- General
- 144Interpretation: authorities.
- 145Interpretation: financial years etc.
- 145A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 146Interpretation: other provisions.
- 147Power to make supplementary provision.
- 148Finance.
- 149Repeals.
- 150Commencement: Scotland.
- 151Extent.
- 152Citation.
- Schedule 4ZA: Occupied hereditaments: chargeable amount
- Part 1: Chargeable amount before any reliefs
- 1Paragraph 1
- Part 2: Partial reliefs
- 2Charitable rate relief
- 2AParagraph 2A
- 3Improvement rate relief
- 4Small business rate relief
- Part 3: Full reliefs
- 5Introduction
- 6Heat networks rate relief
- 7Public lavatories rate relief
- 8Rural rate relief
- Part 3A: POWERS TO CONFER, VARY AND WITHDRAW RELIEFS: WALES
- 8APower to confer additional partial reliefs
- 8BPower to confer additional full reliefs
- 8CPower to vary or withdraw reliefs
- Part 4: Cases where more than one relief applies
- 9Paragraph 9
- 9AParagraph 9A
- Part 5: Interpretation
- 10Paragraph 10
- 11Paragraph 11 Repealed
- Schedule 4ZB: Unoccupied hereditaments: chargeable amount
- Part 1: Chargeable amount before any reliefs
- 1Paragraph 1
- Part 2: Full relief
- 2Charitable rate relief
- Part 2A: POWERS TO CONFER, VARY AND WITHDRAW RELIEFS: WALES
- 2APower to confer partial reliefs: Wales
- 2BPower to confer additional full reliefs
- 2CPower to vary or withdraw reliefs
- Part 2B: CASES WHERE MORE THAN ONE RELIEF APPLIES: WALES
- 2DParagraph 2D
- 2EParagraph 2E
- Part 3: Interpretation
- 3Paragraph 3
- 4Paragraph 4 Repealed
- Completion notices
- 2Paragraph 2
- Determination of completion day
- 3Paragraph 3
- 5Paragraph 5
- Position pending appeal
- Duty to inform valuation officer
- Supplementary
- 8Paragraph 8
- 9Paragraph 9
- Agricultural premises
- 1Paragraph 1
- 2Paragraph 2
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 8Paragraph 8
- Fish farms
- 9Paragraph 9
- Fishing
- Places of religious worship etc.
- Certain property of Trinity House
- Sewers
- 13Paragraph 13
- Property of drainage authorities
- Parks
- Property used for the disabled
- Air-raid protection works
- 17Paragraph 17
- Swinging moorings
- 18Paragraph 18
- Road crossings over watercourses etc.
- 18AParagraph 18A
- Property used for road user charging schemes
- 18BParagraph 18B
- Property in enterprise zones
- 19Paragraph 19
- Visiting forces etc.
- 19AParagraph 19A
- Power to confer exemption : England
- 20Paragraph 20
- Powers to confer, vary and withdraw exemption: Wales
- 20AParagraph 20A
- Interpretation
- 21Paragraph 21
- Schedule 5A: Central rating: chargeable amount
- Part 1: Chargeable amount before any reliefs
- Part 2: Reliefs
- 2Charitable rate relief
- 3Improvement rate relief
- 4Unoccupied hereditaments rate relief
- Part 2A: POWERS TO CONFER, VARY AND WITHDRAW RELIEFS: WALES
- 4APower to confer additional partial reliefs: Wales
- 4BPower to confer additional full reliefs
- 4CPower to vary or withdraw reliefs
- Part 3: Cases where more than one relief applies
- 5Paragraph 5
- 5AParagraph 5A
- 5BParagraph 5B
- Part 4: Interpretation
- 6Paragraph 6
- 7Paragraph 7 Repealed
- 1Paragraph 1
- 2ZAParagraph 2ZA
- 2AParagraph 2A
- 2CParagraph 2C
- 4Paragraph 4 Repealed
- Part A1: Non-Domestic Rating Multipliers: England
- Chapter 1: Introduction
- A1Paragraph A1
- A2Paragraph A2
- Chapter 2: The non-domestic rating multiplier
- A3Revaluation years
- A4Other years
- Chapter 3: The small business non-domestic rating multiplier
- A5Revaluation years
- A6Other years
- Chapter 3A: Other non-domestic rating multipliers
- A6AParagraph A6A
- Chapter 4: Making and giving notice of calculations etc
- A7Paragraph A7
- A8Paragraph A8
- A9Paragraph A9
- Chapter 5: Interpretation
- Chapter 6: Regulations
- A12Paragraph A12
- Part A2: NON-DOMESTIC RATING MULTIPLIERS: WALES
- Part I: Non-Domestic Rating Multipliers : Wales Repealed
- Introduction Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 3AParagraph 3A Repealed
- 4Paragraph 4 Repealed
- 4AParagraph 4A Repealed
- 4BParagraph 4B Repealed
- Special provision for 1990-95 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Part II: Special Authority’s Multipliers
- 9AParagraph 9A
- 9BParagraph 9B
- Definitions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 6Paragraph 6
- Chargeable amounts
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Regulations
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 7B: Local retention of non-domestic rates
- Part 1: Main non-domestic rating accounts
- 1Main non-domestic rating accounts
- 2Credits and debits
- 3End of year calculations
- Part 2: Determination of the central and local share
- 4Determination of the central and local share
- 5Local government finance reports
- Part 3: Payments to the Secretary of State in respect of the central share
- 7Regulations about administrative arrangements
- 8Regulations about deductions from central share payments
- Part 4: Payments by billing authorities to major precepting authorities
- 9Regulations about payments
- 10Regulations about administrative arrangements
- 11Payments out of deduction from central share payments
- Part 5: Principal payments in connection with local retention of non-domestic rates
- 12Determination of payments
- 14Payments following local government finance report
- 15Amending reports
- 17Payments following amending report
- 18Relationship with other provisions
- Part 6: Levy accounts
- 19Levy accounts
- 20Credits and debits
- 21End of year calculations
- Part 7: Levy payments, safety net payments and distribution of remaining balance
- 22Regulations about calculation of levy payments
- 24Levy payments following calculations
- 25Regulations about calculation of safety net payments
- 27Safety net payments following calculations
- 28Regulations about payments on account
- 29Calculation of remaining balance on levy account
- 31Relationship with other provisions
- Part 8: Transitional protection payments
- 32Regulations about deemed and actual rating income
- 33Regulations about transitional protection payments
- Part 9: Pooling of authorities
- 34Designation of pool of authorities
- 35Designations subject to conditions
- 36Effect of designation in relation to Part 5
- 37Effect of designation in relation to Part 7
- 38Further provisions about effect of designation
- Part 10: Designation of areas and classes of hereditament
- 39Designation of areas
- 40Designation of classes of hereditament
- 41Payments to relevant authorities
- 42Estimates of amounts to be disregarded
- Part 11: Supplementary
- 43Calculations and supply of information by relevant authorities
- 44Regulations about calculations and supply of information
- 45Interpretation of Schedule
- Part I: Non-Domestic Rating Accounts
- The accounts
- Credits and debits
- Part II: Contribution
- Interpretation
- 3AParagraph 3A
- Non-domestic rating contributions
- Recovery
- 7Paragraph 7
- Years where two local government finance reports prepared for Wales
- Source of payments by Welsh Ministers
- 16Paragraph 16
- Collection and recovery
- 5AParagraph 5A
- 5BParagraph 5B
- 5DParagraph 5D
- 5EParagraph 5E
- 5FParagraph 5F
- 5GParagraph 5G
- 5HParagraph 5H
- 6AParagraph 6A
- 6AAParagraph 6AA
- Powers of entry
- 6BParagraph 6B
- 7AParagraph 7A
- Access to information
- 8AParagraph 8A
- 9Paragraph 9
- Schedule 10: Competition test: functions and agreements relating to buses
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Establishment
- A1Paragraph A1
- Jurisdiction
- A2Paragraph A2
- A3Paragraph A3
- Membership
- A4Paragraph A4
- A5Paragraph A5
- A6Paragraph A6
- A7Paragraph A7
- A8Paragraph A8
- Tenure of office
- A9Paragraph A9
- A10Paragraph A10
- Remuneration, allowances & pension
- A11Paragraph A11
- A12Paragraph A12
- A13Paragraph A13
- A14Paragraph A14
- Organisation & delegation
- A15Paragraph A15
- A16Paragraph A16
- Dealing with appeals
- A17Paragraph A17
- A18Paragraph A18
- Power for member of First-tier Tribunal to act as member of the Tribunal
- A18AParagraph A18A
- Regulations
- A19Paragraph A19
- Interpretation
- A20Paragraph A20
- Part 2: Valuation Tribunals: Wales
- Establishment
- Jurisdiction
- Arbitration
- 4Paragraph 4
- Membership
- Staff
- Accommodation and equipment
- Appeals
- Inspection of records
- 12AParagraph 12A
- General
- 17Paragraph 17
- Interpretation
- Schedule 12: Amendments
- City of London (Various Powers) Act 1957 (c. x)
- 1Paragraph 1
- Justices of the Peace Act 1979 (c. 55)
- Local Government Finance Act 1982 (c. 32)
- Part II: Scotland
- Valuation and Rating (Scotland) Act 1956 (c. 60)
- 4Paragraph 4
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9)
- 7Paragraph 7
- Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)
- 8Paragraph 8 Repealed
- Town and Country Planning (Scotland) Act 1972 (c. 52)
- 9Paragraph 9 Repealed
- Local Government (Scotland) Act 1973 (c. 65)
- 10Paragraph 10 Repealed
- Local Government (Scotland) Act 1975 (c. 30)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13 Repealed
- Local Government, Planning and Land Act 1980 (c. 65)
- 14Paragraph 14
- Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47)
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- Part III: England and Wales and Scotland
- Commonwealth Secretariat Act 1966 (c. 10)
- 39Paragraph 39
- International Organisations Act 1968 (c. 48)
- 40Paragraph 40
- Tribunals and Inquiries Act 1971 (c. 62)
- 41Paragraph 41 Repealed
- Road Traffic Regulation Act 1984 (c. 27)
- 42Paragraph 42
- Schedule 13: Repeals
- IVScotland