The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2020
S.S.I. 2020/44 · Made 19 February 2020
Rating And Valuation
Made 19th February 2020
Laid before the Scottish Parliament 21st February 2020
Coming into force 1st April 2020
In accordance with section 6A(1D) of the Valuation and Rating (Scotland) Act 1956f3 they have consulted such associations of local authorities and such other persons as they think appropriate.
In accordance with section 27(6D) of the Local Government etc. (Scotland) Act 1994f4 they have consulted such associations of local authorities and such other persons as they think appropriate.
Annotations to the whole text
Footnotes
- f1
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1956 c.60. Section 6A was inserted by section 161 of the Local Government etc. (Scotland) Act 1994 (c.39) and subsections (1)(aa) and (1B) were inserted by section 32(1) of the Local Government in Scotland Act 2003 (asp 1) (“the 2003 Act”). 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) and (6B) were inserted by section 32(2)(a) of the 2003 Act.
- f3
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Section 6A(1D) was inserted by section 32(1)(b) of the 2003 Act.
- f4
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Section 27(6D) was inserted by section 32(2)(a) of the 2003 Act.
Contents
- 1Citation and commencement
- 2Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005
- Signature
- Explanatory note
1Citation and commencement
This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2020 and comes into force on 1 April 2020.
2Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005
The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005f1 is amended as follows.
For article 7A(2) (fixed line telecommunications) substitute—
“(2)A “fixed line operator”, for the purposes of this article, is any of the companies registered with the following names and registration numbers—
Company name Registration number AtlasConnect Limited SC241790 Axione UK Limited 08434202 British Telecommunications Public Limited Company 01800000 Centurylink Communications UK Limited 02495998 Cityfibre Limited 09759465 Cogent Communications UK Ltd 04014628 Daisy Group Holdings Limited 09162741 EE Limited 02382161 Entanet International Limited 03274237 Everything Everywhere Limited 08263590 Fibrenest Limited 06962197 Gamma Telecom Ltd 04340834 Hutchison 3G UK Limited 03885486 Hyperoptic Ltd 07222543 Interoute Communications Holdings Limited 04927540 Interoute Communications Limited 04472687 Interoute Vtesse Limited 03900836 JISC 05747339 JISC Services Limited 02881024 NEOS Networks Limited 03477297 NTL Business Limited 03076222 Oath (UK) Limited 03462696 Pipex Communications Services Limited 03059016 Pulsant (Scotland) Limited SC236128 Sky Home Communications Limited 05262862 Sky Telecommunications Services Limited 02883980 SSE Telecommunications Limited SC213457 Talktalk Communications Limited 03849133 Telefonica UK Limited 01743099 Thus Group Holdings Limited SC192666 Tiscali UK Limited 03408171 Verizon UK Limited 02776038 Virgin Media Limited 02591237 Vodafone Enterprise U.K. 01541957 Vodafone Limited 01471587 Zayo Group UK Limited 03726666. ”.
After article 9 (powers of assessors), insert—
“Entries otherwise than as directed by this Order
9A.(1)The entering of lands and heritages in a valuation roll otherwise than as directed by this Order does not affect the validity of the entry or any action taken in consequence of that entry.
(2)Where it comes to the attention of the assessor designated to value lands and heritages under article 8 that lands and heritages have not been entered as directed by this Order in the valuation roll for which that assessor is responsible, that assessor must—
(a)where the lands and heritages are not entered in the valuation roll for that assessor’s valuation area—
(i)make arrangements with the assessor for the valuation area of the roll in which the lands and heritages have been entered for that entry to be altered or removed, and
(ii)enter the lands and heritages in the valuation roll as directed by this Order with effect from the same date as the alteration or removal of the other entry takes effect,
(b)where the lands and heritages are entered in the valuation roll for that assessor’s valuation area, but are not the subject of a single entry in that roll—
(i)alter or remove the entry, and
(ii)enter the lands and heritages as directed by this Order with effect from the same date as the alteration or removal of the other entry takes effect.”.
Signature
BEN MACPHERSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
19th February 2020
Explanatory note
(This note is not part of the Order)
This Order amends the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 (S.S.I. 2005/127, “the principal Order”).
Article 2(2) replaces a table in the principal Order which details companies to be regarded as “fixed line operators” for the purposes of entries in the valuation roll. The effect is that lands and heritages occupied by those operators are entered as a single entry in the valuation roll, despite being situated in different rating authority areas.
Article 2(3) makes provision for entries that have not been made in accordance with the provisions of the principal Order. It provides that the entry is valid, as is anything done in consequence of it, but requires the assessor designated by the principal Order to arrange to rectify the entry or entries.