The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2013

Scottish Statutory Instruments

2013 No. 36

Rating And Valuation

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2013

Made

6th February 2013

Laid before the Scottish Parliament

7th February 2013

Coming into force

1st April 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 6A(1)(aa) and 6A(1B) of the Valuation and Rating (Scotland) Act 1956(1) and all other powers enabling them to do so.

In accordance with section 6A(1D) of that Act(2) they have consulted with such associations of local authorities and such other persons as they think appropriate.

Citation and commencement

1.  This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2013 and comes into force on 1st April 2013.

Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005

2.—(1) The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005(3) is amended as follows.

(2) In the definition of “Scottish electricity company” in article 2(2)—

(a) for “Scottish and Southern Energy plc” substitute “SSE plc”;

(b) for sub-paragraph (c) substitute—

“(c) EDF Energy Nuclear Generation Limited;

(ca) EDF Energy Nuclear Generation Group Limited;”; and

(c) for “Scottish Power Generation Limited” substitute “ScottishPower Generation Limited”.

(3) In the definition of “a Company” in article 3(2)—

(a) in each sub-paragraph, for “Scottish and Southern Energy plc” substitute “SSE plc”;

(b) in sub-paragraph (a), for “Scottish Hydro-Electric Power Distribution Limited” substitute “Scottish Hydro Electric Power Distribution plc”; and

(c) in sub-paragraph (b), for “Scottish Hydro-Electric Transmission Limited” substitute “Scottish Hydro Electric Transmission plc”.

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

6th February 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 (“the 2005 Order”) and comes into force on 1st April 2013.

Article 2(2) of this Order substitutes four company names for three companies designated as a “Scottish electricity company” for the purposes of article 2 of the 2005 Order. That article makes provision for the treatment of specified lands and heritages in relation to electricity generation as if they justified only one entry in a single valuation roll.

Article 2(3) of this Order substitutes three company names for three companies designated as “a Company” for the purposes of article 3 of the 2005 Order. That article makes provision for the treatment of specified lands and heritages in relation to electricity transmission and distribution as if they justified only one entry in a single valuation roll.

(1)

1956 c.60; sections 6A(1)(aa) and 6A(1B) were inserted by the Local Government in Scotland Act 2003 (asp 1), sections 32(1)(a) and 32(1)(b) respectively. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

Section 6A(1D) was inserted by section 32(1)(b) of the Local Government in Scotland Act 2003 (asp 1).

(3)

S.S.I. 2005/127, amended by S.S.I. 2005/320, 2009/196, 2010/78 and 2011/75.