# The Scottish Power plc (Rateable Values) (Scotland) (No.2) Order 1991

S.I. 1991/947 · made 29 March 1991

This Order makes provision for the valuation for the financial year 1991-92 of certain lands and heritages occupied by Scottish Power plc (article 3) (“the prescribed class of lands and heritages”).

Made under: Local Government (Scotland) Act 1975 (Section 6, Section 35, Section 37)

## Introductory text

RATING AND VALUATION
Made 29th March 1991
Coming into force 1st April 1991
The Secretary of State, in exercise of the powers conferred on him by sections 6, 35 and 37(1) of the Local Government (Scotland) Act 1975 and of all other powers enabling him in that behalf, and after consultation with such associations of local authorities, and of persons carrying on undertakings, as appeared to him to be concerned, and with such local authorities, persons, or associations of persons with whom consultation appeared to him to be desirable, all in accordance with section 6(4) of the said Act, hereby makes the following Order, a draft of which has been laid before and has been approved by resolution of each House of Parliament.

## 1 Citation and commencement

This Order may be cited as the Scottish Power plc (Rateable Values) (Scotland) (No.2) Order 1991 and shall come into force on 1st April.

## 2 Interpretation

(1) In this Order, unless the context otherwise requires—
“the 1975 Act” means the Local Government (Scotland) Act 1975;
“the Company” means Scottish Power plc;
“clerical work” includes writing, book-keeping, typing, filing, duplicating, sorting papers or information or calculating (whether by manual or electronic means), drawing, and the editorial preparation of matter for publication;
“financial year” means the period of twelve months beginning with 1st April;
“non-domestice water rate” shall be construed in accordance with the provisions of sevction 40 of the Water (Scotland) Act 1980;
“office premises” means any lands and heritages constructed or adapted as offices or for office purposes, or used wholly or mainly for such purposes;
“office purposes” includes the purposes of administration and clerical work and handling money;
“operational land”, in relation to the Company, means land which is used for the purposes of carrying on the Company’s undertaking, not being land which, in respect of its nature and situation, is comparable rather with land which is used for the purposes of carrying on of statutory undertakings (within the meaning of the Town and Country Planning (Scotland) Act 1972; and
“prescribed class of lands and heritages” means the class of lands and heritages prescribed for the purposes of section 6(1) of the 1975 Act in article 3 of this Order.
(2) Any reference in this Order to—
(a) lands and heritages occupied by the Company includes a reference to lands and heritages which, if unoccupied, are owned by the Company; and
(b) lands and heritages used for any purpose includes a reference to lands and heritages which are unused but in relation to which it appears that, when next in use, they will be used for such a purpose.

## 3 Prescribed class of lands and heritages

(1) The following class of lands and heritages is hereby prescribed for the purposes of section 6(1) of the 1975 Act, namely any lands and heritages in Scotland (other than the lands and heritages mentioned in paragraph (2) below) occupied by the Company and wholly or mainly used for the purposes of the generation, transmission, or supply of electricity or for ancillary purposes.
(2) The lands and heritages mentioned in this paragraph are—
(a) any lands and heritages consisting of or comprising premises used wholly or mainly—
(i) as a shop or other place for the sale, display or demonstration of apparatus or accessories for use by consumers of electricity (any use for the receipt of payments for the use of electricity being disregarded); or
(ii) as office premises where those premises are not situated on operational land of the Company; or
(iii) for both of the foregoing purposes; and
(b) any lands and heritages which fall within the prescribed class of lands and heritages for the purposes of the Electricity Generators (Rateable Values) (Scotland) (No.2) Order 1991.

## 4 Non-domestic water rate

The non-domestic water rate shall not be leviable in respect of the prescribed class of lands and heritages in respect of the financial year 1991-92.

## 5 Aggregate amount of rateable values for financial year 1991-92

For the purposes of section 6(1) of the 1975 Act, the aggregate amount of the rateable values of the prescribed class of lands and heritages for the financial year 1991-92 is hereby prescribed as £61,875,965.

## 6 Apportionment of aggregate amount of rateable values

For the purposes of section 6(2) of the 1975 Act, the aggregate amount of the rateable values of the prescribed class of lands and heritages for the financial year 1991-92 which is prescribed by article 5 shall be apportioned among the local authorities specified in column 1 of the Schedule to this Order in the amount shown opposite to the name of each such local authority in column 2 of that Schedule.

## 7 Amendment of enactments

For the purposes of section 6(5) of the 1975 Act, the following amendments shall be made to the enactments specified in articles 8 and 9 below in their relation to the valuation of the prescribed class of lands and heritages for the financial year 1991-92.

## 8 Amendment of enactments

In section 6(1) of the Valuation and Rating (Scotland) Act 1956, after the words “this Act”, there shall be inserted the words “and to any Order made by the Secretary of State under section 6 of the Local Government (Scotland) Act 1975”.

## 9 Amendment of enactments

(1) Section 2(1)(c) of the 1975 Act shall be amended by inserting at the end the following:—
“(iii) upon their ceasing to be lands and heritages within the class of lands and heritages prescribed in the Scottish Power plc (Rateable Values) (Scotland) (No.2) Order 1991 (hereinafter in this Act referred to as “the 1991 (No.2) Order”);”.
(2) Section 2(1)(d) of that Act shall be amended by inserting after the words “lands and heritages” the following words:—
“(other than lands and heritages within the class of lands and heritages prescribed in the 1991 (No.2) Order)”.
(3) After paragraph (g) of section 2(1) of that Act there shall be inserted the following paragraphs:—
“(gg) by deleting therefrom, with effect on and after 1st April 1991, any lands and heritages within the class of lands and heritages prescribed in the Scottish Power plc (Rateable Values) (Scotland) Order 1991 which were entered in the roll immediately before that date;
(ggg) by entering therein, in relation to the Company as defined in the 1991 (No.2) Order, any lands and heritages within the class of lands and heritages prescribed in that Order together with the rateable values apportioned by that Order to the local authorities whose areas comprise or form part of the valuation area;”.
(4) In section 2(2)(a) of that Act, after the reference to “subsection (1)(a)”, there shall be inserted the words “or (ggg)”.
(5) In section 3(2) of that Act, for the words from “and any such person” to the end, there shall be substituted the following:—
“and, where the entry relates to any lands and heritages within the class of lands and heritages prescribed in the 1991 (No.2) Order, any such person may at any time while the roll is in force appeal against the entry but only on the ground that there is such an error in the entry as is referred to in section 2(1)(f) of this Act.”
(6) In section 3(4) of that Act, after the words “lands and heritages” where they appear for the first time, there shall be inserted the following:—
“(other than lands and heritages within the class of lands and heritages prescribed in the 1991 (No.2) Order)”.

## Signature

Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
29th March 1991

## Apportionment of aggregate amount of rateable values of prescribed class of lands and heritages for financial year 1991-92

(1)
(2)
Local authority
Apportioned amount
District Councils:—
£
Berwickshire
667,485
Ettrick and Lauderdale
921,643
Roxburgh
500,378
Tweedale
106,809
Clackmannan
483,264
Falkirk
1,405,017
Stirling
1,105,194
Annandale and Eskdale
1,196,611
Nithsdale
536,329
Stewartry
1,429,571
Wigtown
727,369
Dunfermline
17,726,308
Kirkcaldy
1,648,061
North East Fife
551,661
Perth and Kinross
40,357
East Lothian
8,008,033
City of Edinburgh
2,688,479
Midlothian
532,319
West Lothian
1,266,451
Argyll and Bute
2,584,169
Bearsden and Milngavie
229,135
Clydebank
312,384
Clydesdale
721,992
Cumbernauld and Kilsyth
586,326
Cumnock and Doon Valley
416,348
Cunninghame
1,344,130
Dumbarton
927,801
East Kilbride
837,489
Eastwood
315,790
City of Glasgow
4,682,284
Hamilton
690,877
Inverclyde
744,860
Kilmarnock and Loudoun
848,758
Kyle and Carrick
891,006
Monklands
585,592
Motherwell
1,008,100
Renfrew
2,074,629
Strathkelvin
461,356

## Explanatory note

(This note is not part of the Order)
This Order makes provision for the valuation for the financial year 1991-92 of certain lands and heritages occupied by Scottish Power plc (article 3) (“the prescribed class of lands and heritages”).
The Order prescribes the aggregate amount of the rateable values of the prescribed class of lands and heritages for that financial year at £61,875,965 (article 5). It also apportions that aggregate amount among local authorities in accordance with the Schedule to the Order (article 6).
The Order provides that the non-domestic water rate shall not be leviable in respect of the prescribed class of lands and heritages for that financial year (article 4).
The Order amends certain enactments relating to the valuation of the prescribed class of lands and heritages (articles 7 to 9).

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Source: https://www.legislation.gov.uk/uksi/1991/947 (the official version)
Page: https://openlegislation.uk/scottish-power-plc-rateable-values-scotland-no2-order-1991
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.