The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2010
S.S.I. 2010/78 · Made 3 March 2010
This Scottish Statutory Instrument has been made in consequence of defects in S.S.I. 2010/38 and is being issued free of charge to all known recipients of that instrument.
Rating And Valuation
Made 3rd March 2010
Laid before the Scottish Parliament 4th March 2010
Coming into force
Article 6 30th March 2010
Article 5 31st March 2010
Remainder 1st April 2010
In accordance with section 6A(1D) of the Valuation and Rating (Scotland) Act 1956f3 and section 27(6D) of the Local Government etc. (Scotland) Act 1994 they have consulted such associations of local authorities and such other persons as they think appropriate.
Annotations to the whole text
Footnotes
- f1
-
1956 c.60; section 6A(1)(aa) was inserted by section 32(1)(a) of the Local Government in Scotland Act 2003 (asp 1). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
- f2
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1994 c.39; subsections (6A) to (6D) were inserted by section 32(2)(a) of the Local Government in Scotland Act 2003 (asp 1).
- f3
-
Section 6A(1D) was inserted by section 32(1)(b) of the Local Government in Scotland Act 2003 (asp 1).
Contents
- 1Citation
- 2Commencement
- 3Commencement
- 4Commencement
- 5Revocations
- 6Revocations
- 7Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005
- 8Fixed Line Telecommunications
- 9Fixed Line Telecommunications
- Signature
- Explanatory note
1Citation
This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2010.
2Commencement
Article 6 comes into force on 30th March 2010.
3Commencement
Article 5 comes into force on 31st March 2010.
4Commencement
All other articles come into force on 1st April 2010.
5Revocations
The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009f1 is revoked.
6Revocations
The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2010f1 is revoked.
7Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005
The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005f1 is amended in accordance with articles 8 and 9.
8Fixed Line Telecommunications
After article 7 (railways) insert—
“Fixed Line Telecommunications
7A.(1)Any lands and heritages which would (apart from this Order) be treated as justifying separate entries in two or more valuation rolls shall be treated for all purposes of the Valuation Acts as justifying only one entry in the valuation roll for Renfrewshire in respect of each fixed line operator if they are—
(a)occupied by that fixed line operator; and
(b)occupied by posts, wires, fibres, cables and ducts, telephone kiosks, towers, masts, switching equipment or other equipment, or by servitudes or wayleaves, being property used by that fixed line operator wholly or mainly for the purposes of monitoring, processing or transmission of communications signals for the provision of telecommunications services.
(2)A “fixed line operator” for the purposes of this article, is any of the companies registered at the date of this Order with the following names and registration numbers:
Company name Registration number AOL (UK) Limited 03462696 AtlasConnect Limited SC241790 Be Un Limited 05262862 British Telecommunications Public Limited Company 01800000 Cable and Wireless Public Limited Company 00238525 Easynet Limited 02954343 Entanet International Limited 03274237 Gamma Telecom Ltd 04340834 GEO Networks Limited 04614924 Global Crossing (UK) Telecommunications Limited 02495998 Lumison Limited SC236128 NEOS Networks Limited 03477297 NTL Business Limited 03076222 Opal Telecom Limited 03849133 Orange Limited 03110666 Pipex Broadband Limited 03137499 Pipex Communications Services Limited 03059016 Smallworld Cable Limited 05679836 SSE Telecommunications Limited SC213457 Telefónica O2 UK Limited 01743099 The JNT Association 02881024 Thus Group Holdings plc SC192666 Tiscali UK Limited 03408171 Verizon UK Limited 02776038 Virgin Media Limited 02591237 Vtesse Networks Limited 03900836. ”.
9Fixed Line Telecommunications
At the end of column 1 in the Schedule (designated assessors for the valuation of utilities) insert a new entry “Assessor for the Renfrewshire Valuation Joint Board”.
At the end of column 2 in the Schedule insert a new entry “The lands and heritages specified in article 7A (Fixed Line Telecommunications).”.
Signature
JOHN SWINNEY
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
3rd March 2010
Explanatory note
(This note is not part of the Order)
This Order revokes two earlier orders, which are not yet in force, both amending the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 (“the 2005 Order”). The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2010 (“the 2010 Order”) was made to replace the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009 (“the 2009 Order”) in order to add three new fixed line operators to the table forming part of article 7A(2) to be inserted into the 2005 Order.
This Order incorporates those amending provisions in the earlier orders and is necessary to make minor changes to the table.
Article 5 revokes the 2009 Order and comes into force on 31st March 2010.
Article 6 revokes the 2010 Order and comes into force on 30th March 2010.
The amending provisions in articles 7, 8 and 9 come into force on 1st April 2010.
Article 8 specifies the lands and heritages to be valued within the fixed line telecommunications industry, where these are occupied by a specified fixed line telecommunication operator. Where these lands and heritages would otherwise be treated as justifying separate entries in two or more valuation rolls, they are to be treated as justifying one entry in the valuation roll for Renfrewshire in respect of each operator.
The effect is that one assessor is designated to value all lands and heritages covered by this Order. That assessor has the powers of the assessors for the local valuation areas. Any appeals would be heard by the Renfrewshire joint board’s valuation appeal committee.