The Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2017

Changes in rateable value after 1st April [F1 2022] S

11.—(1) Where, subsequent to 1st April [F2 2022], the rateable value of lands and heritages to which this Part applies is increased with effect from a day in the relevant year (the “effective day”), the transitional limit in respect of those lands and heritages is, as regards days in that year on and after that effective day, to be calculated in accordance with the formula—F3

where—

TL is the transitional limit in respect of those lands and heritages and the day immediately prior to the effective day;

IRV is the increased rateable value of those lands and heritages;

RV is their rateable value immediately prior to the effective day; and

[F4 PF is the poundage figure of—

(i)

[F5 0.524] where the lands and heritages have a rateable value exceeding £95,000,

(ii)

[F6 0.511] where the lands and heritages have a rateable value exceeding £51,000, but not exceeding £95,000, or

(iii)

[F7 0.498] in any other case.]

(2) Where the rateable value of lands and heritages to which this Part applies is reduced with effect from a day in the relevant year subsequent to 1st April [F8 2022], as a result of—

(a) a material change of circumstances (within the meaning of section 37(1) of the 1975 Act M1 ); or

(b) the assessor amending or adding an apportionment note under paragraph 2 of schedule 5 of the 1992 Act,

the transitional limit in respect of those lands and heritages is, as regards days in that year on and after that effective day, to be calculated in accordance with the formula—

where—

TL and RV have the same meanings as in paragraph (1); and

RRV is the reduced rateable value of those lands and heritages.

[F9 (3) Where regulation 9(3) applies, this regulation does not apply.]

Textual Amendments

F1 Word in reg. 11 heading substituted (1.4.2022) by The Non-Domestic Rates (Levying and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/48), regs. 1, 10(5)(a)

F2 Word in reg. 11(1) substituted (1.4.2022) by The Non-Domestic Rates (Levying and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/48), regs. 1, 10(5)(a)

F3 Word "365" substituted for "366" in reg. 11(1) formula (1.4.2020) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/42), regs. 1, 2(6)(b)(i)

F4 Words in reg. 11(1) substituted (1.4.2020) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/42), regs. 1, 2(6)(b)(ii) (as substituted (31.3.2020) by The Non-Domestic Rates (Coronavirus Reliefs) (Scotland) Regulations 2020 (S.S.I. 2020/101), regs. 1, 5(2)(c))

F5 Word in reg. 11(1) substituted (1.4.2022) by The Non-Domestic Rates (Levying and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/48), regs. 1, 10(5)(b)(i)

F6 Word in reg. 11(1) substituted (1.4.2022) by The Non-Domestic Rates (Levying and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/48), regs. 1, 10(5)(b)(ii)

F7 Word in reg. 11(1) substituted (1.4.2022) by The Non-Domestic Rates (Levying and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/48), regs. 1, 10(5)(b)(iii)

F8 Word in reg. 11(2) substituted (1.4.2022) by The Non-Domestic Rates (Levying and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/48), regs. 1, 10(5)(a)

F9 Reg. 11(3) inserted (1.4.2018) by The Non-Domestic Rates (Transitional Relief) Amendment (Scotland) Regulations 2018 (S.S.I. 2018/76), regs. 1, 2(6)(c)

Marginal Citations

M1 The relevant definition in section 37(1) was amended by section 20 and paragraph 17 of schedule 2 of the Rating and Valuation (Amendment) (Scotland) Act 1984 (c.31), schedule 6 of the Abolition of Domestic Rates etc. (Scotland) 1987 Act (c.47) and paragraph 100(8) of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39).