PART IINTRODUCTORY

Citation and commencement

1. These Regulations may be cited as the Non-Domestic Rates (Levying) (Scotland) Regulations 1995 and shall come into force on 1st April 1995.

Interpretation-general

2.-(1) In these Regulations, except where the context otherwise requires-

"the 1962 Act" means the Local Government (Financial Provisions etc.) (Scotland) Act 1962(2);

"the 1966 Act" means the Local Government (Scotland) Act 1966(3);

"the 1975 Act" means the Local Government (Scotland) Act 1975(4);

"the 1992 Act" means the Local Government Finance Act 1992(5);

"new entry", in relation to a split, merged or reorganised entry, means an entry in the roll taking effect from the day on which the merged, split or reorganised entry takes effect;

"new local government area" means a local government area referred to in section 1(2) of the Local Government etc. (Scotland) Act 1994;

"old entry", in relation to a merged, split or reorganised entry, means an entry in the roll for the day immediately prior to the day from which the merged, split or reorganised entry takes effect;

"part residential subjects" has the meaning assigned to it in section 99(1) of the 1992 Act;

"rateable value", in relation to lands and heritages and a particular date, means, subject to paragraph (2) and regulation 12(5) below-

(a)in the case of part residential subjects, the rateable value entered in the roll for that date and apportioned to the non-residential use of those subjects; and

(b)in any other case, the rateable value entered in the roll for that date in respect of those lands and heritages,

and includes a rateable value so entered with retrospective effect;

"rates" means non-domestic rates levied under section 7B of the 1975 Act(6);

"the relevant year" means the period of 12 months beginning with 1st April 1995;

"the roll" means a valuation roll made up under section 1 of the 1975 Act.

(2) Where-

(a)an appeal has been made to an assessor against any rateable value shown in the roll for 31st March 1995;

(b)that appeal has been made within the appropriate period fixed by any enactment; and

(c)the assessor would, if the roll had still been in force, have altered it as respects 31st March 1995 in response to the appeal,

any reference in these Regulations to the rateable value of lands and heritages on 31st March 1995 shall in such a case be construed as a reference to the rateable value which the assessor would have entered in the roll had it still been in force or, in the case of part residential subjects, to the rateable value which he would have so entered and apportioned to the non-residential use of those subjects.

Interpretation-mergers

3. In these Regulations-

(a)"a merged entry" means any entry in the roll taking effect on a day in the relevant year as a result of lands and heritages shown in two or more old entries being shown in a single new entry, where-

(i)none of the lands and heritages shown in the relevant old entries are shown in a new entry, other than in the merged entry; and

(ii)the merged entry does not show any lands and heritages shown in an old entry, other than in the relevant old entries; and

(b)"the relevant old entries", in relation to a merged entry, means the old entries which showed the lands and heritages shown in the merged entry.

Interpretation-splits

4. In these Regulations-

(a)"a split entry" means any entry in the roll taking effect on a day in the relevant year as a result of lands and heritages shown in a single old entry being shown in two or more new entries, where-

(i)none of those new entries show lands and heritages shown in an old entry, other than in the relevant old entry; and

(ii)no lands and heritages shown in the relevant old entry are shown in a new entry, other than in those new entries; and

(b)"the relevant old entry", in relation to a split entry, means the old entry which showed the lands and heritages shown in the split entry.

Interpretation-reorganisations

5. In these Regulations-

(a)"a reorganised entry" means any entry in the roll taking effect on a day in the relevant year which is not a split or merged entry, and which shows lands and heritages-

(i)which were to any extent shown in two or more old entries; or

(ii)which are part only of lands and heritages shown in a single old entry and the other part of which is shown to any extent in one or more other new entries;

(b)"reorganisation" means a situation where, with effect from a day in the relevant year, lands and heritages shown immediately before that day in two or more old entries are shown in two or more new entries, each of which is a reorganised entry; and

(c)"the relevant old entries", in relation to a reorganised entry, means the old entries affected by the reorganisation which gave rise to that entry.

PART IILANDS AND HERITAGES ON ROLL ON 1ST APRIL 1995

Application of Part II

6.-(1) Subject to paragraphs (2) to (4) below, this Part applies to lands and heritages-

(a)which are shown in the roll on 1st April 1995; and

(b)in respect of all or any part of which there is an entry, or are entries, in the roll on 31st March 1995.

(2) This Part shall not apply to lands and heritages shown in an entry in the roll on 1st April 1995 if-

(a)that entry shows a nil rateable value; or

(b)the only lands and heritages shown in that entry which are to any extent shown in the roll on 31st March 1995 then have a nil rateable value.

(3) This Part shall not apply to lands and heritages which are occupied on 1st April 1995 by the British Waterways Board, Mercury Communications Limited or British Telecommunications plc if-

(a)those lands and heritages are not shown in a single entry in the roll authorised by the Non-Domestic Rating (Telecommunications and Canals) (Scotland) Order 1995(7); and

(b)they are part only of lands and heritages which on 31st March 1995-

(i)are shown in a single entry in the roll; and

(ii)do not have their rateable value prescribed in an order made under section 6 of the 1995 Act(8).

(4) This Part shall cease, as from the date of any merged, split or reorganised entry taking effect subsequent to 1st April 1995, to apply to the lands and heritages shown in that entry.

Amount payable as rates

7. Where the notional liability in respect of any lands and heritages to which this Part applies and a day in the relevant year is-

(a)more than their upper transitional limit for that day (ascertained in accordance with regulation 9 below), the amount payable as rates in respect of those lands and heritages and that day shall, subject to Part IV below, be that upper transitional limit;

(b)less than their lower transitional limit for that day (ascertained in accordance with regulation 10 below), the amount so payable shall, subject to that Part, be that lower transitional limit.

Notional liability

8. The notional liability in respect of any lands and heritages and any day shall be calculated in accordance with the formula-

Upper transitional limit

9.-(1) The upper transitional limit in respect of any lands and heritages and any day shall, subject to regulation 17 below, be calculated in accordance with the formula-

(2) The appropriate upper figure in respect of lands and heritages is-

(a)1.124, where the lands and heritages have a rateable value of £10,000 or more on 1st April 1995;

(b)1.073, where the lands and heritages are part residential subjects with a rateable value of less than £10,000 on that date; and

(c)1.099, in any other case.

Lower transitional limit

10.-(1) The lower transitional limit in respect of any lands and heritages and any day shall, subject to regulation 17 below, be calculated in accordance with the formula-

(2) The appropriate lower figure in respect of lands and heritages is-

(a)0.971, where the lands and heritages have a rateable value of £10,000 or more on 1st April 1995; and

(b)0.92, in any other case.

Base liability

11. The base liability in respect of any lands and heritages shall, except in the cases specified in regulations 13 to 16 below, be calculated in accordance with the formula-

Appropriate former rateable value

12.-(1) The appropriate former rateable value of lands and heritages shall be ascertained in accordance with the following provisions of this regulation.

(2) Where lands and heritages are shown in a merged entry taking effect on 1st April 1995, the appropriate former rateable value of those lands and heritages shall be the total of the rateable values shown in the relevant old entries.

(3) Where lands and heritages are shown in a split or reorganised entry taking effect on 1st April 1995, the appropriate former rateable value of those lands and heritages shall be calculated in accordance with the formula-

(4) In a case not covered by paragraph (2) or (3) above, the appropriate former rateable value of lands and heritages shall be their rateable value on 31st March 1995.

(5) Any reference in-

(a)paragraph (2) above to the rateable value shown in a relevant old entry; or

(b)paragraph (4) above to the rateable value of lands and heritages on 31st March 1995,

shall, in the case of lands and heritages for which a notional rateable value determined under regulation 4 of the Non-Domestic Rates (Levying) (Scotland) Regulations 1993(10) has effect as regards that date, be treated-

(i)where the lands and heritages are not part residential subjects on that date, as a reference to that notional rateable value; and

(ii)in any other case, as a reference to the notional rateable value apportioned to non-residential use under regulation 8(2) of those Regulations.

Base liability-electricity industry

13.-(1) The base liability of any lands and heritages which are on 1st April 1995 occupied by Scottish Power plc and are on that date within the class prescribed by-

(a)article 3 of the Electricity Transmission Lands (Rateable Values) (Scotland) Order 1995(11), shall be the amount specified in column 2 of Schedule 1 to these Regulations;

(b)article 3 of the Electricity Distribution Lands (Rateable Values) (Scotland) Order 1995(12), shall be the amount specified in column 3 of that Schedule;

(c)article 3 of the Electricity Generation Lands (Rateable Values) (Scotland) Order 1995(13), shall be the amount specified in column 4 of that Schedule,

opposite the name of the local authority (as specified in column 1 of that Schedule) within the area of which those lands and heritages are situated.

(2) The base liability of any lands and heritages which are on 1st April 1995 occupied by Scottish Hydro-Electric plc and are on that date within the class prescribed by-

(a)article 3 of the Electricity Transmission Lands (Rateable Values) (Scotland) Order 1995, shall be the amount specified in column 2 of Schedule 2 to these Regulations;

(b)article 3 of the Electricity Distribution Lands (Rateable Values) (Scotland) Order 1995, shall be the amount specified in column 3 of that Schedule;

(c)article 3 of the Electricity Generation Lands (Rateable Values) (Scotland) Order 1995, shall be the amount specified in column 4 of that Schedule,

opposite the name of the local authority (as specified in column 1 of that Schedule) within the area of which those lands and heritages are situated.

Base liability-railways

14. The base liability of any lands and heritages which have their rateable value for 1st April 1995 prescribed in an order made (whether or not before the making of these Regulations) under section 6 of the 1975 Act and are on that date occupied by-

(a)Railtrack plc, shall be the amount specified in column 2 of Schedule 3 to these Regulations;

(b)the British Railways Board, shall be the amount specified in column 3 of that Schedule,

opposite the name of the local authority (as specified in column 1 of that Schedule) within the area of which those lands and heritages are situated.

Base liability-electricity generators

15. The base liability of any lands and heritages which are on 1st April 1995 within the class prescribed by article 3 of the Electricity Generators (Aluminium) (Rateable Values) (Scotland) Order 1995(14) and which are on that date occupied by-

(a)the Lochaber Power Company, shall be £379,805;

(b)Alcan Aluminium UK Ltd., shall be £110,398.

Base liability-canals and telecommunications

16.-(1) This regulation applies to-

(a)lands and heritages which are the subject of a single entry in the roll on 1st April 1995 by virtue of article 3 of the Non-Domestic Rating (Telecommunications and Canals) (Scotland) Order 1995(15); and

(b)lands and heritages which are the subject of a single entry in the roll on that date by virtue of article 2 of that Order and are then occupied by-

(i)Mercury Communications Limited; or

(ii)British Telecommunications plc.

(2) The base liability in respect of lands and heritages to which this regulation applies shall be calculated in accordance with the formula-

(3) The prescribed amount for any lands and heritages shall be the amount which is specified in Schedule 4 to these Regulations-

(a)in whichever of columns 2, 3 and 4 bears the heading applicable to the provision in paragraph (1) above within which the lands and heritages fall; and

(b)opposite the name of the new local government area (as specified in column 1) within which the lands and heritages are situated.

(4) The total conventional base liability for lands and heritages shown in a single entry in the roll on 1st April 1995 shall be calculated by adding together the appropriate amounts in respect of all entries in the roll on 31st March 1995 relating to lands and heritages which-

(a)are to any extent included in that single entry; and

(b)do not have their rateable value for 31st March 1995 prescribed in an order made under section 6 of the 1975 Act.

(5) For the purposes of paragraph (4) above, the appropriate amount in respect of an entry shall be calculated in accordance with the formula-

Changes in rateable value after 1st April 1995

17.-(1) Where the rateable value of lands and heritages to which this Part applies is increased with effect from a day in the relevant year subsequent to 1st April 1995, the upper and lower transitional limits in respect of those lands and heritages shall, as regards days in that year on and after that effective day, be calculated in accordance with the formula-

(2) Where the rateable value of lands and heritages to which this Part applies is reduced with effect from a day in the relevant year subsequent to 1st April 1995, as a result of-

(a)a material change of circumstances (within the meaning of section 37(1) of the 1975 Act(16)); or

(b)the assessor amending or adding an apportionment note under paragraph 2 of Schedule 5 to the 1992 Act,

the upper and lower transitional limits in respect of those lands and heritages shall, as regards days in that year on and after that effective day, be calculated in accordance with the formula-

PART IIIMERGERS, SPLITS AND REORGANISATIONS AFTER 1ST APRIL 1995

Application of Part III

18.-(1) Where lands and heritages are shown in a merged, split or reorganised entry with effect from a day in the relevant year subsequent to 1st April 1995, this Part shall, subject to paragraph (2) below, apply to those lands and heritages as from that effective day.

(2) This Part shall not apply to lands and heritages shown-

(a)in a merged or reorganised entry, if that entry does not show (in whole or in part) any lands and heritages in respect of which-

(i)either paragraph (a) or paragraph (b) of regulation 7 above; or

(ii)this Part,

applied as regards the day immediately prior to the effective date of that entry;

(b)in a split entry, if-

(i)neither of those paragraphs; nor

(ii)this Part,

applied in respect of the lands and heritages shown in the relevant old entry and the day immediately prior to the effective date of the split entry.

Mergers and reorganisations-amount payable as rates

19.-(1) Where lands and heritages to which this Part applies are shown in a merged or reorganised entry, the amount payable as rates in respect of those lands and heritages and a day in the relevant year shall, subject to regulation 21 and Part IV below, be calculated in accordance with the formula-

(2) For the purposes of paragraph (1) above, the applicable liability in respect of an old entry is-

(a)where paragraph (a) or (b) of regulation 7 above applies in respect of the lands and heritages shown in that entry and the day immediately prior to the effective date of the merged or reorganised entry, the amount determined under the applicable paragraph (before application of Part IV below);

(b)where this Part applies in respect of those lands and heritages and that day, the amount determined under this Part (before application of Part IV below); and

(c)in any other case, the amount calculated in accordance with the formula-

Splits-amount payable as rates

20. Where lands and heritages to which this Part applies are shown in a split entry, the amount payable as rates in respect of those lands and heritages and a day in the relevant year shall, subject to regulation 21 and Part IV below, be calculated in accordance with the formula-

Changes in rateable value

21.-(1) Where the rateable value of lands and heritages to which this Part applies is increased with effect from a day in the relevant year, the amount payable as rates in respect of those lands and heritages and any day in the relevant year on or after that effective day shall, subject to Part IV below, be calculated in accordance with the formula-

(2) Where the rateable value of lands and heritages to which this Part applies is reduced with effect from a day in the relevant year, the amount payable as rates in respect of those lands and heritages and any day in the relevant year on or after that effective day shall, subject to Part IV below, be calculated in accordance with the formula-

(3) Where the rateable value of lands and heritages is changed for a second or subsequent time whilst this Part applies to them, paragraphs (1) and (2) above shall have effect with the substitution, in the definition of "AD" in paragraph (1), for the words "regulation 19(1) or 20 above" of the words "this paragraph or paragraph (2) below".

PART IVREDUCTIONS, REMISSIONS AND EXEMPTIONS

Charitable and other reductions

22.-(1) This regulation has effect for determining the amount payable as rates in respect of lands and heritages and a day in the relevant year where-

(a)that amount falls to be reduced by virtue of one or more of the following enactments:-

(i)section 4(2) of the 1962 Act(17);

(ii)section 24(3) of the 1966 Act(18);

(iii)the Rating (Disabled Persons) Act 1978(19);

(b)regulation 7 or Part III above has effect as regards those lands and heritages and that day; and

(c)regulation 23 below does not have effect.

(2) Where this regulation has effect, the amount payable shall be determined by applying the enactments referred to in paragraph (1)(a) above to the amount determined under regulation 7 or Part III above, as the case may be, in the same manner as those enactments are applied to the full amount payable as rates in respect of lands and heritages and a day in a case where neither regulation 7 nor Part III above has effect.

Partially unoccupied lands and heritages

23.-(1) This regulation has effect for determining the amount payable as rates in respect of lands and heritages and a day in the relevant year where-

(a)on that day those lands and heritages are the subject of an apportionment under section 24A of the 1966 Act(20); and

(b)regulation 7 or Part III above has effect as regards those lands and heritages and that day.

(2) Where this regulation has effect, the amount payable shall, subject to paragraph (3) below, be calculated in accordance with the formula-

(3) Where-

(a)this regulation has effect as regards lands and heritages and a day; and

(b)the amount payable as rates in respect of those lands and heritages and that day falls to be reduced by virtue of an enactment referred to in paragraph (1)(a)(i) or (iii) of regulation 22 above,

the amount payable shall be determined in accordance with paragraph (2) of that regulation, but as if for the words "regulation 7 or Part III above, as the case may be," in that paragraph there were substituted the words "regulation 23(2) below".

Exemptions and discretionary reductions and remissions

24. Nothing in these Regulations-

(a)shall require rates to be paid in respect of lands and heritages and a day where those lands and heritages are under any enactment entirely exempt from rates for that day; or

(b)shall prejudice the power of a rating authority to grant a reduction or remission of rates under section 4(5) of the 1962 Act(21) or section 25A of the 1966 Act(22).

Regulation 13(1)

SCHEDULE 1SCOTTISH POWER PLC - BASE LIABILITIES

Regulation 13(2)

SCHEDULE 2SCOTTISH HYDRO-ELECTRIC PLC - BASE LIABILITIES

Regulation 14

SCHEDULE 3RAILWAYS - BASE LIABILITIES

Regulation 16(3)

SCHEDULE 4CANALS AND TELECOMMUNICATIONS - PRESCRIBED AMOUNTS

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision as to the amount payable in certain circumstances as non-domestic rates in respect of property in Scotland. They apply only to financial year 1995-96 ("the relevant year").

Part I makes provision as to citation, commencement and interpretation.

Part II deals with amounts payable in respect of property which is shown in the valuation roll as at 1st April 1995. The Part ceases to apply to property if and when it becomes the subject of a merged, split or reorganised entry in the valuation roll taking effect during the relevant year. For every day of the relevant year, the notional rates liability for a property (basically, the full amount ordinarily payable as rates) must be compared against that property's upper and lower transitional limits. If the notional liability is more than the upper limit or less than the lower limit, the amount payable will be equal to the upper or lower limit, as the case may be (regulation 7). Upper and lower transitional limits are calculated by multiplying a property's notional rates liability for 1994/95 (its "base liability") by set figures (regulations 9 and 10). Regulations 11 and 12 make provision for the calculation of base liability in most cases. Regulations 13 to 16, and Schedules 1 to 4, provide special rules for the calculation of base liability in respect of certain property occupied in connection with the electricity and telecommunications industries and in respect of certain canals and railway properties. Regulation 17 specifies how transitional limits are to be recalculated in cases where the rateable value of property changes during the relevant year.

Part III makes provision for the situation where property is shown in a merged, split or reorganised entry in the valuation roll which takes effect during the relevant year. If the amount of rates payable in respect of any component of the property shown in the new entry was being determined under these Regulations immediately prior to that entry taking effect, then Part III applies to determine the amount payable in respect of that property for the rest of the year. That amount is calculated by apportioning or aggregating, as the case may be, the amount or amounts payable immediately prior to the effective date of the new entry in respect of the property affected by the new entry (regulations 19 and 20). Regulation 21 provides for amounts payable to be recalculated if there is a change in the rateable value of property whilst Part III applies to it.

Part IV deals with reductions, remissions and exemptions. Nothing in the Regulations requires the payment of rates on property which is entirely exempt from rates under any other enactment, or prejudices the power of a rating authority to grant discretionary reductions or remissions (regulation 24). Regulations 22 and 23 provide for reductions under other enactments to apply in cases where the amount payable is determined under Part II or III in the same way as they apply in cases where these Regulations do not have effect.