The Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2002

Made: 7th February 2002

Laid before the Scottish Parliament: 8th February 2002

Coming into force: 1st April 2002

The Scottish Ministers, in exercise of the powers conferred by section 81 of the Local Government etc. (Scotland) Act 1994[^f00001] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2002 and shall come into force on 1st April 2002.

Interpretation

2

In these Regulations–

• “charges scheme” has the same meaning as in Part II of the Local Government etc. (Scotland) Act 1994;

• “council tax” has the same meaning as in Part II of the Local Government Finance Act 1992[^f00002];

• “council tax benefit” has the same meaning as in Part VII of the Social Security Contributions and Benefits Act 1992[^f00003];

• “dwelling” has the same meaning as in Part II of the Local Government Finance Act 1992;

• “new water and sewerage authority” has the same meaning as in Part II of the Local Government etc. (Scotland) Act 1994;

• “sewerage charges” means charges payable under a charges scheme in respect of the provision of sewerage services to a dwelling in the relevant year;

• “the relevant year” means the period of 12 months beginning on 1st April 2002;

• “water charges” means charges payable under a charges scheme in respect of the provision of water supply services to a dwelling in the relevant year.

Reduction of Charges

3

Where a person is, under a charges scheme, liable to pay an amount–

• (a) in respect of the provision of water supply services or sewerage services or both by a new water and sewerage authority to a dwelling in the relevant year, and

• (b) the amount is payable to a local authority by virtue of the Water Services Charges (Billing and Collection) (Scotland) Order 2002[^f00004],

the amount payable in respect of the relevant year shall be less than it would be but for these regulations and shall be reduced by the amount calculated in accordance with regulation 4 below.

Amount of Charges

4

• (1) Where regulation 3 above applies, the amount of the reduction shall be calculated in accordance with the following formula:–

$R=AB×(C-(DE×F×G365))$

• (2) In paragraph (1) above–

• “A” is the amount of council tax benefit which that person receives in respect of that dwelling in respect of the relevant year;

• “B” is the council tax for which that person is liable in respect of that dwelling in respect of the relevant year;

• “C” is the amount that person is liable to pay in respect of that dwelling in respect of the relevant year under a charges scheme, net of any discounts, exemptions and reliefs applicable under that scheme, for water charges or sewerage charges or both in respect of services actually received;

• “D” is the amount that person would be liable to pay in respect of that dwelling in respect of the relevant year under a charges scheme, if none of the discounts, exemptions and reliefs under that scheme were applicable, for water charges or sewerage charges or both in respect of services actually received;

• “E” is the maximum potential charge which could be made by the new water and sewerage authority in respect of that dwelling in respect of the relevant year for water supply and sewerage services which could be received in respect of that dwelling;

• “F” is £198;

• “G” is the number of days in the relevant year for which that person is liable for council tax in respect of that dwelling; and

• “R” is the amount of the reduction.

• (3) In any case where R is zero or less, it shall be treated as zero.

Signed

ROSS FINNIE — A member of the Scottish Executive — 7th February 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for reductions in water and sewerage charges in Scotland from 1st April 2002 until 31st March 2003 (“the relevant year”).

Regulations 3 and 4 make provision for a reduction in the water and sewerage charges due to a local authority for those in receipt of council tax benefit. The reduction applies to charges in a range from a threshold of £198 to the charges payable for properties in council tax Band E. There is no provision for reductions in charges that are due in the relevant year which fall either below £198 or above the Band E level. Within that range the Regulations provide that the proportion of the water and sewerage charge liability above the threshold attracts relief proportionate to council tax benefit received by virtue of the Social Security Contributions and Benefits Act 1992.

Footnotes

[^f00001]: 1994 c. 39. 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).

[^f00002]: 1992 c. 14.

[^f00003]: 1992 c. 4.

[^f00004]: S.S.I. 2002/33.