Water (Scotland) Act 1980

46 Transport hereditaments. S

(1) Without prejudice to the provisions contained in section 17(4C) (paymnet in lieu of rates) of the M1 Local Goverment (Scotland) Act 1966, it is hereby declared that nothing in the foregoing provisions of this Part affects the exemption from liability to be rated or to be included in any valuation roll or in any rate conferred by Part V of the M2 Local Governmet Act 1948 on premises being a railway or canal hereditament.

(2) Subject to the said section 17(4C), where a water rate was in the year 1947-48 leveid in respect of premises being a railway or canal hereditament and no charge calculated by reference to the amount of water consumed was made, no charge by way of meter [F1 , [F2 council water charge] or the non-domestic water rate] shall be made in any subsequent year during which the premises are occupied as such a hereditament in respect of a supply of water (whether for domstic purposes or otherwise) to those premises by a water authority.

(3) Subject to the said section 17 (4C), whre no payment by way of water was made in the year 1947-48 in respect of any such premises as aforesaid, or where in that year a charge calculated in accordance with the amount of water consumed was made in respect of a supply of water to such premises (whether a water rate was levied in addition to such charge or not), the water authority shall be entitled to make in any subsequent year in respect of any supply of water to those premises a charge calculated by reference to the amount of water consumed thereon.

(4) In this section the expression “railway or canal hereditament” has the meaning assgned to it by the Local Government Act 1948 for the purposes of part V of that Act; and the expression “1947-48” has the meaning assigned to it by Part VIII of that Act.

Textual Amendments

F1 Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25, Sch. 5 Pt. IV para. 32

F2 Words in s. 46(2) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11, Pt. IV, para. 33 (with s. 118(1)(2)(4)); S.I. 1993/575, art. 2(b)

Modifications etc. (not altering text)

C1 S. 46 repealed so far as it relates to premises of the British Waterways Board in Scotland by S.I. 1985/194, art. 7(3)(b) and so far as it relates to premises of the British Railways Board and any subsidiary of that Board in Scotland by S.I. 1985/196, art. 7(3)

Marginal Citations

M1 1966 c. 51.

M2 1948 c. 26.