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The Water Undertakings (Rateable Values) (Scotland) Order 2003

S.S.I. 2003/187 · Made 10 March 2003

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.

RATING AND VALUATION

Made 10th March 2003

Coming into force 31st March 2003

The Scottish Ministers, in exercise of the powers conferred by sections 6, 35 and 37(1) of the Local Government (Scotland) Act 1975f1 and of all other powers enabling them in that behalf, and after consultation with such associations of local authorities, and of persons carrying on undertakings, as appeared to them to be concerned, and with such local authorities, persons or associations of persons with whom consultation appeared to them to be desirable, all in accordance with section 6(4) of the said Act, hereby make the following Order, a draft of which has, in accordance with section 6(7) of that Act, been laid before, and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

1975 c. 30; section 6(1) to (7) was substituted by the Local Government (Scotland) Act 1978 (c. 4), section 1 and section 6(1) were subsequently substituted by the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 11 and amended by the Local Government Finance Act 1992 (c. 14), Schedule 13, paragraph 42; section 6(1A) was repealed by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 14; section 6(5A) and (8) was inserted by the Local Government etc. (Scotland) Act 1994, sections 160 and 157; section 37(1) contains a definition of “prescribed” which is relevant to the exercise of the powers under which this Order is made and which was amended by the Local Government Finance Act 1992, Schedule 13, paragraph 43(c). 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).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Prescribed class of lands and heritages
  4. 4Aggregate amount of rateable values for financial years 2002-03 to 2004-05
  5. 5Apportionment of aggregate amount of rateable values among local authorities
  6. 6Amendment of enactments
  7. 7Amendment of enactments
  8. 8Amendment of enactments
  9. 9Revocation
  10. Signature
  11. Schedule APPORTIONMENT OF AGGREGATE AMOUNT OF RATEABLE VALUES OF PRESCRIBED CLASS OF LANDS AND HERITAGES FOR FINANCIAL YEAR 2002 03 AND THE TWO FOLLOWING FINANCIAL YEARS
  12. Explanatory note

1Citation and commencement

This Order may be cited as the Water Undertakings (Rateable Values) (Scotland) Order 2003f1 and shall come into force on 31st March 2003 but shall have effect as from 1st April 2002.

2Interpretation

(1)

In this Order–

  • “the 1975 Act” means the Local Government (Scotland) Act 1975;

  • “financial year” means the period of twelve months beginning with 1st April;

  • “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 Scottish Waterf1 includes a reference to lands and heritages which, if unoccupied, are owned by it; 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.

3Prescribed class of lands and heritages

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 occupied by Scottish Water and wholly or mainly used for the purposes of the supply of water carried on by it.

4Aggregate amount of rateable values for financial years 2002-03 to 2004-05

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 each of the financial years 2002 03, 2003 04 and 2004-05 is hereby prescribed as £32,000,000.

5Apportionment of aggregate amount of rateable values among local authorities

For the purposes of section 6(2) of the 1975 Act, the aggregate amount, as prescribed by article 4 above, of the rateable values of the prescribed class of lands and heritages for each of the financial years 2002-03, 2003-04 and 2004-05 shall be apportioned among the local authorities specified in column 1 of the Schedule to this Order in the amount shown opposite the name of each such local authority in column 2 of that Schedule.

6Amendment of enactments

The following amendments shall be made to the enactments specified in articles 7 and 8 below in their relation to the valuation of the prescribed class of lands and heritages for the financial year 2002-03 and the two following financial years.

7Amendment of enactments

In section 6(1) of the Valuation and Rating (Scotland) Act 1956f1, after the words “this Act”, there shall be inserted the words “and to any Order made under section 6 of the Local Government (Scotland) Act 1975 (c. 30)”.

8Amendment of enactments

(1)

In section 2(1)(c) of the 1975 Actf1 at the end there shall be inserted–

“(iii)

upon their ceasing to be lands and heritages within the class of lands and heritages prescribed in the Water Undertakings (Rateable Values) (Scotland) Order 2003 (hereinafter in this Act referred to as “the 2003 Order”);”.

(2)

In section 2(1)(d) of that Act after the words “lands and heritages” there shall be inserted–

  • “(other than lands and heritages within the class of lands and heritages prescribed in the 2003 Order)”.

(3)

After paragraph (f) of section 2(1) of that Act, there shall be inserted–

“(ff)

by entering therein, in relation to Scottish Water, any lands and heritages within the class of lands and heritages prescribed in the 2003 Order together with the rateable values prescribed and apportioned in accordance with that Order;”.

(4)

In paragraph (a) of section 2(2) of that Act, after the words “subsection (1)(a)” there shall be inserted the words “or (ff)”.

(5)

In section 3(4) of that Actf2, after the words “lands and heritages” where they appear for the first time, there shall be inserted–

  • “(other than lands and heritages within the class of lands and heritages prescribed in the 2003 Order)”.

9Revocation

The Water Undertakings (Rateable Values) (Scotland) Order 2000f1, article 3 of the Electricity Lands and Water Undertakings (Rateable Values) (Scotland) Amendment Order 2000f2 and the Water Undertakings (Rateable Values) (Scotland) Variation Order 2002f3 are hereby revoked and the provisions inserted in the Valuation and Rating (Scotland) Act 1956 and the 1975 Act by the Water Undertakings (Rateable Values) (Scotland) Order 2000 are, in so far as they relate to the valuation of the class of lands and heritages prescribed in article 3 of that Order for the financial year 2002-03 and the two following financial years, hereby repealed.

Signature

ANDREW P KERR

A member of the Scottish Executive

St Andrew’s House, Edinburgh

10th March 2003

APPORTIONMENT OF AGGREGATE AMOUNT OF RATEABLE VALUES OF PRESCRIBED CLASS OF LANDS AND HERITAGES FOR FINANCIAL YEAR 2002 03 AND THE TWO FOLLOWING FINANCIAL YEARS

(1)(2)
Local authorityApportioned amount
£
Aberdeen City Council860,960
Aberdeenshire Council1,040,512
Angus Council732,192
Argyll and Bute Council559,264
East Ayrshire Council661,536
North Ayrshire Council1,146,656
South Ayrshire Council1,021,152
Clackmannanshire Council448,320
Comhairle nan Eilean Siar160,576
Dumfries and Galloway Council982,720
East Dunbartonshire Council1,446,720
West Dunbartonshire Council1,123,232
Dundee City Council584,960
City of Edinburgh Council2,268,576
Falkirk Council1,545,120
Fife Council1,334,400
City of Glasgow Council3,022,848
Highland Council1,201,920
Inverclyde Council587,168
North Lanarkshire Council1,587,168
South Lanarkshire Council1,914,432
East Lothian Council499,360
Midlothian Council404,640
West Lothian Council535,488
Moray Council327,424
Orkney Islands Council129,312
Perth and Kinross Council1,110,944
East Renfrewshire Council513,152
Renfrewshire Council918,688
The Scottish Borders Council993,664
Shetland Islands Council159,872
Stirling Council2,177,024

Explanatory note

(This note is not part of the Order)

This Order makes provision for the valuation for financial years 2002 03 to 2004 05 of certain lands and heritages occupied by Scottish Water and wholly or mainly used for the purposes of water undertakings carried on by that company (“the prescribed class of lands and heritages”) (article 3).

The Order prescribes the aggregate amount of the rateable values of the prescribed class of lands and heritages for the financial year 2002 03 and the following two financial years at £32,000,000 (article 4). It also apportions the aggregate amounts among local authorities (article 5 and the Schedule to the Order).

The Order also amends certain enactments relating to the valuation of the prescribed class of lands and heritages and revokes 2 previous Orders, now spent.