The Council Tax (Dwellings) (Scotland) Regulations 2010

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Council Tax (Dwellings) (Scotland) Regulations 2010 and come into force on 1st April 2010.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these regulations—

“power station” means a combined heat and power station as defined in paragraph 148(1) of Schedule 6 to the Finance Act 2000(1) together with pipes and risers for the transport of water to and from that station; and

“tenement” means a building or a part of a building which comprises two related flats which, or comprises more than two related flats at least two of which—

(a)

are, or are designed to be, in separate ownership; and

(b)

are divided from each other horizontally.

Variation of definition of dwelling – combined heat and power stations

3.  The definition of dwelling in section 72(2) (dwellings chargeable to council tax) of the Local Government Finance Act 1992 is further varied(2) as set out in regulations 4 and 5.

4.  Subject to regulation 5, there shall be excluded from the definition of dwelling any pipes, risers or any other parts of a power station in so far as they do not fall within the solum, garden, yard or garage of a dwelling house or dwelling houses.

5.—(1) Where a dwelling is part of a tenement, there shall be included in the definition of dwelling the following parts of a power station—

(a) any parts that fall within the solum of the tenement;

(b) all pipes and risers for the transport of water between a power station and the tenement that are located in, over or under land pertaining to the tenement; and

(c) where the power station benefits only the tenement, the other parts of that power station.

(2) The parts of a power station included by virtue of this regulation shall be allocated equally between the dwellings in the tenement that are served by those parts.

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

9th February 2010