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The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2010

S.S.I. 2010/78 · Made 3 March 2010

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.

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

The Scottish Ministers make the following Order in exercise of the powers conferred by section 6A(1)(aa) of the Valuation and Rating (Scotland) Act 1956f1 and section 27(6A), (6B) and (6C) of the Local Government etc. (Scotland) Act 1994f2 and all other powers enabling them to do so.

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

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

  1. 1Citation
  2. 2Commencement
  3. 3Commencement
  4. 4Commencement
  5. 5Revocations
  6. 6Revocations
  7. 7Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005
  8. 8Fixed Line Telecommunications
  9. 9Fixed Line Telecommunications
  10. Signature
  11. 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 nameRegistration number
AOL (UK) Limited03462696
AtlasConnect LimitedSC241790
Be Un Limited05262862
British Telecommunications Public Limited Company01800000
Cable and Wireless Public Limited Company00238525
Easynet Limited02954343
Entanet International Limited03274237
Gamma Telecom Ltd04340834
GEO Networks Limited04614924
Global Crossing (UK) Telecommunications Limited02495998
Lumison LimitedSC236128
NEOS Networks Limited03477297
NTL Business Limited03076222
Opal Telecom Limited03849133
Orange Limited03110666
Pipex Broadband Limited03137499
Pipex Communications Services Limited03059016
Smallworld Cable Limited05679836
SSE Telecommunications LimitedSC213457
Telefónica O2 UK Limited01743099
The JNT Association02881024
Thus Group Holdings plcSC192666
Tiscali UK Limited03408171
Verizon UK Limited02776038
Virgin Media Limited02591237
Vtesse Networks Limited03900836.

”.

9Fixed Line Telecommunications

(1)

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”.

(2)

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.