- Latest available (Revised)
- Point in Time (05/08/2009)
- Original (As enacted)
Point in time view as at 05/08/2009. This version of this provision is not valid for this point in time.
There are currently no known outstanding effects for the Climate Change (Scotland) Act 2009, Section 65.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 01/04/2010
(1)The Local Government Finance Act 1992 (c. 14) is amended as follows.
(2)After section 80 (reduced amounts payable in respect of council tax), insert—
(1)A local authority must establish a scheme for reducing the amounts which persons are liable to pay in respect of council tax where improvements are made to the energy efficiency of chargeable dwellings.
(2)A scheme established under subsection (1) is an “energy efficiency discount scheme”.
(3)An energy efficiency discount scheme may make such provision as the local authority considers appropriate, including, in particular, provision about—
(a)the energy efficiency improvements to which the scheme applies;
(b)the chargeable dwellings to which the scheme applies;
(c)the reduction, which may be made under the scheme, in the amount which persons are liable to pay in respect of council tax;
(d)applications under the scheme.
(4)But, under an energy efficiency discount scheme, the amount which a person is liable to pay in respect of council tax may be reduced only where each of the conditions mentioned in subsection (5) is met (whatever other conditions may require to be met under the scheme).
(5)Those conditions are—
(a)the person is liable to pay council tax in respect of a chargeable dwelling and any day;
(b)improvements are made to the energy efficiency of that dwelling (whether by the person liable to pay or not);
(c)those improvements are made during the same financial year to which the reduction of the amount which the person is liable to pay in respect of council tax relates;
(d)the amount which the person is liable to pay in respect of that year has not already been reduced under the scheme in respect of those improvements;
(e)the amount which any other person is liable to pay in respect of council tax in respect of that dwelling and that year has not been reduced under the scheme in respect of those improvements.
(6)In ascertaining whether the condition in subsection (5)(e) is met, no account is to be taken of any person who is jointly and severally liable, with the person mentioned in subsection (5)(a), to pay council tax in respect of the dwelling.
(7)The minimum reduction which may be provided for under an energy efficiency discount scheme must be—
(a)where the amount which the person is liable to pay in respect of council tax is £50 or more, no less than £50;
(b)where the amount which the person is liable to pay in respect of council tax is less than £50, an amount equal to that person's liability.
(8)The local authority may, under an energy efficiency discount scheme, reduce the amount which a person is liable to pay in respect of a dwelling to nil.
(9)In this section—
“energy efficiency” includes the use of—
technologies reliant on sources of energy other than fossil fuel and nuclear fuel;
materials the manufacture or use of which produces or involves lower emissions of greenhouse gases than other materials; and
surplus heat from electricity generation or other industrial sources for district heating or other purposes;
“fossil fuel” means—
coal;
lignite;
peat;
natural gas (within the meaning of the Energy Act 1976 (c. 76));
crude liquid petroleum;
petroleum products (within the meaning of that Act);
any substance produced directly or indirectly from a substance mentioned in paragraphs (a) to (f);
“greenhouse gas” has the meaning given by section 10(1) of the Climate Change (Scotland) Act 2009 (asp 12).”.
(3)In schedule 2, after paragraph 21 (effect of reduction of liability to pay council tax under section 13A), insert—
“22(1)This paragraph applies where a local authority establishes an energy efficiency discount scheme under section 80A.
(2)Where, under an energy efficiency discount scheme, the amount which a person is liable to pay in respect of council tax is reduced, any amount in relation to which the reduction applies is to be treated for the purposes of this schedule as subject to a discount equal to the amount of the reduction.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: