Local Government and Housing Act 1989

Prospective

141 Scottish non-domestic rate. E+W+S

(1) For section 3A of the M1 Abolition of Domestic Rates Etc. (Scotland) Act 1987 there shall be substituted the following section—

“3B Unified non-domestic rate.

(1) The Secretary of State shall, in respect of each of the financial years specified in subsection (2) below, prescribe a rate which shall be the non-domestic rate to be levied throughout Scotland in respect of that financial year.

(2) The financial years referred to in subsection (1) above are those beginning with the first financial year after the coming into force of section 141 of the Local Government and Housing Act 1989.

(3) Subject to subsection (4) below, the non-domestic rate shall be levied in accordance with section 7 of the Local Government (Scotland) Act 1975 by each rating authority in respect of lands and heritages in their area being landsand heritages—

(a) which are subjects (other than part residential subjects) in respect of which there is an entry in the valuation roll, according to their rateable value or, where a rateable value has been prescribed or determined in respect of the lands and heritages under section 128 of the Local Government Finance Act 1988, according to that rateable value; or

(b) which are part residential subjects, according to that part of their rateable value which is shown in the apportionment note as relating to the non-residential use of those subjects or, where a rateable value has been prescribed or determined in respect of the lands and heritages under section 128 of the Local Government Finance Act 1988, according to that part of that rateable value which is so shown in the apportionment note.

(4) In the application of section 7 of the Local Government (Scotland) Act 1975 to the levying of the non-domestic rate prescribed under this section, for the words “to which the rate relates” in each of subsections (1) and(2) of that section there shall be substituted the words “of the rating authority”.”

(2) Accordingly—

(a) references (however expressed) in any enactment to the non-domestic rate determined by or prescribed in relation to a local authority under section 3 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 shall be construed as references to the non-domestic rate prescribed under section 3B of that Act;

(b) in section 109 of the M2 Local Government (Scotland) Act 1973 (rating authorities)—

(i) for paragraphs (a) and (b) of subsection (1) there shall be substituted the following paragraph—

“(a) in the case of the non-domestic rate prescribed under section 3B of the Abolition of Domestic Rates Etc. (Scotland) Act 1987, the regional council and the islands council;”; and

(ii) in subsection (2) for the words from “non-domestic district rate” onward there shall be substituted the words “ information as may reasonably be required for the preparation of demand notes for the purposes of levying the non-domestic rate ”.

(3) For section 110 of the M3 Local Government (Scotland) Act1973 (payments by regional councils to district councils in respect of district rates) there shall be substituted the following section—

“110 Division between regional and district councils of amount collected by way of non-domestic rate.

The Secretary of State may by regulations provide as to the division among the regional council and the councils of the districts within the area of the regional council of the amount collected by way of the non-domestic rate in that area in respect of a financial year.”

(4) Section 111(1)(a), (b) and (d) of the Local Government (Scotland) Act 1973 (power to make regulations as to certain matters connected with non-domestic rates) shall cease to have effect.

Marginal Citations

M1 1987 c. 47.

M2 1973 c. 65

M3 1973 c. 65.