Article 3 Obligation of local authorities to make payment to Scottish Water
Subject to any agreement entered into under article 7, and to paragraph (3), for each relevant year a local authority must pay to Scottish Water the sum ascertained in accordance with the following formula—
Where—
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“A” is the total amount paid to the local authority as council tax or water services charges for that year by persons liable to pay that tax or those charges;
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“B” is any amount falling within the definition of A which has been paid by a person and which—
- (a)
has subsequently been repaid to that person; or
- (b)
has subsequently been credited against a liability of that person to pay an amount which does not fall within that definition;
- (a)
-
“C” is the total amount payable as water services charges for that year in respect of dwellings in the area of the local authority;
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“D” is the total amount payable as council tax for that year in respect of dwellings in the area of the local authority;
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“E” is the number of dwellings in the area of the local authority in respect of which water services charges are payable for that year; and
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“F” is the sum of £5.73.
For the purpose of the definitions of C and D in paragraph (1), an amount is payable as water services charges or council tax if—
it has been demanded by the local authority from a person appearing to that authority to be liable to pay it; and
it—
has been paid;
remains payable; or
has been written off by the local authority as irrecoverable.
In the formula referred to in paragraph (1), the value of (E x F) must not, in each relevant year, exceed the total value of—
(E x F) in article 3(1) of the 2010 Order for the local authority in respect of the financial year 2011-12; plus
the amount of any payment paid to the authority by Scottish Water in accordance with any agreement made under article 5 of the 2010 Order in respect of the financial year 2011-12.