The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2010

Made: 3rd March 2010

Laid before the Scottish Parliament: 4th March 2010

Coming into force

In accordance with section 6A(1D) of the Valuation and Rating (Scotland) Act 1956[^f00003] and section27(6D) of the Local Government etc. (Scotland) Act 1994 they have consulted such associations of local authorities and such other persons as they think appropriate.

Citation

1

This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2010.

Commencement

2

Article6 comes into force on 30thMarch 2010.

3

Article5 comes into force on 31stMarch 2010.

4

All other articles come into force on 1stApril 2010.

Revocations

5

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009[^f00004] is revoked.

6

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2010[^f00005] is revoked.

Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005

7

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005[^f00006] is amended in accordance with articles8 and 9.

Fixed Line Telecommunications

8

After article7 (railways) insert—

(7A) (1) Any lands and heritages which would (apart from this Order) be treated as justifying separate entries in two or more valuation rolls shall be treated for all purposes of the Valuation Acts as justifying only one entry in the valuation roll for Renfrewshire in respect of each fixed line operator if they are— (a) occupied by that fixed line operator; and (b) occupied by posts, wires, fibres, cables and ducts, telephone kiosks, towers, masts, switching equipment or other equipment, or by servitudes or wayleaves, being property used by that fixed line operator wholly or mainly for the purposes of monitoring, processing or transmission of communications signals for the provision of telecommunications services. (2) A “fixed line operator” for the purposes of this article, is any of the companies registered at the date of this Order with the following names and registration numbers:

9

• (1) At the end of column 1 in the Schedule (designated assessors for the valuation of utilities) insert a new entry “Assessor for the Renfrewshire Valuation Joint Board”.

• (2) At the end of column 2 in the Schedule insert a new entry “The lands and heritages specified in article7A (Fixed Line Telecommunications).”.

Signed

JOHN SWINNEY — A member of the Scottish Executive — 3rd March 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order revokes two earlier orders, which are not yet in force, both amending the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order2005 (“the 2005 Order”). The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2010 (“the 2010 Order”) was made to replace the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009 (“the 2009 Order”) in order to add three new fixed line operators to the table forming part of article 7A(2) to be inserted into the 2005 Order.

This Order incorporates those amending provisions in the earlier orders and is necessary to make minor changes to the table.

Article 5 revokes the 2009 Order and comes into force on 31st March 2010.

Article 6 revokes the 2010 Order and comes into force on 30th March 2010.

The amending provisions in articles 7, 8 and 9 come into force on 1st April 2010.

Article 8 specifies the lands and heritages to be valued within the fixed line telecommunications industry, where these are occupied by a specified fixed line telecommunication operator. Where these lands and heritages would otherwise be treated as justifying separate entries in two or more valuation rolls, they are to be treated as justifying oneentry in the valuation roll for Renfrewshire in respect of each operator.

The effect is that one assessor is designated to value all lands and heritages covered by this Order. That assessor has the powers of the assessors for the local valuation areas. Any appeals would be heard by the Renfrewshire joint board’s valuation appeal committee.

Footnotes

[^f00001]: 1956 c.60; section6A(1)(aa) was inserted by section32(1)(a) of the Local Government in Scotland Act 2003 (asp1). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: 1994 c.39; subsections(6A) to (6D) were inserted by section32(2)(a) of the Local Government in Scotland Act 2003 (asp1).

[^f00003]: Section6A(1D) was inserted by section32(1)(b) of the Local Government in Scotland Act 2003 (asp1).

[^f00004]: S.S.I. 2009/112, which would come into force on 1stApril 2010 if not revoked.

[^f00005]: S.S.I. 2010/38, article2 of which would come into force on 31stMarch 2010 and the remainder of which would come into force on 1stApril 2010 if not revoked.

[^f00006]: S.S.I. 2005/127, amended by S.S.I. 2005/320 and 2009/196.