Part I Finance

Valuation

C2C33 Provisions supplementary to sections 1 and 2. C1

C41

The assessor shall, upon making an alteration in the valuation roll under section 1(6) or 2(1) F1(1A) or (3) of this Act F2or upon deleting lands and heritages therefrom in pursuance of section 1(2) of the M1Valuation and Rating (Exempted Classes) (Scotland) Act 1976, send to the rating authority a copy of the relevant entry in the roll or, as the case may be, notification of deletion of the relevant lands and heritages from the roll.

C52

The assessor for each valuation area shall send to each person who is a proprietor, tenant or occupier of lands and heritages which are included in the valuation roll a notice in the prescribed form setting forth the details of the relevant entry in the roll (including such an entry as is referred to in subsection (1) above F3. . .)F8; and any such person, not being a person who has reached agreement with the assessor as mentioned in section 2(3) of this Act as to what should be done about the entry, if he considers himself aggrieved by the entry, may appeal to the valuation appeal committee for the area in which the lands and heritages are situated or may obtain redress without the necessity of such appeal by satisfying the assessor that he has a well founded ground of complaint.

F142ZA

A notice under subsection (2)—

a

must include such information in relation to the rateable value included in the entry to which the notice relates as the Scottish Ministers may specify in regulations,

b

may include such other information as the assessor considers appropriate.

2ZB

The assessor may send a notice under subsection (2) by electronic means if—

a

the assessor and the recipient of the notice have, before the notice is sent, agreed in writing that the assessor may send such a notice to the recipient by transmission to an electronic address and in an electronic form specified by the recipient for that purpose, and

b

the notice is sent to that address in that form.

F42A

F9Where a person becomes the proprietor, tenant or occupier of lands and heritages which are included in the valuation roll he shall thereupon have the same right of appeal under subsection (2) above as he would have had if there had been sent to him the notice referred to in that subsection, except that the last date for lodging an appeal by virtue of this subsection shall be the last day of a period of six months beginning with the day upon which the person became the proprietor, tenant or occupier and all other time limits prescribed under the Valuation Acts in that regard shall have effect accordingly.

2B

F10The right of appeal conferred by subsection (2A) above may be exercised whether or not any previous proprietor, tenant or occupier of the lands and heritages had reached agreement with the assessor as mentioned in section 2(3) of this Act or had appealed or obtained redress under subsection (2) above.

C63

The assessor shall, upon altering the valuation roll by deleting lands and heritages therefrom, notify each person named in the roll as proprietor, tenant or occupier of those lands and heritages of the deletion.

C74

F11Without prejudice to subsection (2) above, the proprietor, tenant or occupier of lands and heritages F7(other than lands and heritages within the class of lands and heritages prescribed in the 2003 Order) which are included in the valuation roll may F5. . . appeal against the relevant entry but only on the ground that there has been a material change of circumstances since the entry was made or that there is such an error in the entry as is referred to in section 2(1)(f) of this Act; and, notwithstanding the definition of “material change of circumstances” as set out in section 37(1) of this Act, if in an appeal under this subsection on the ground of a material change of circumstances it is proved that there has been a change of circumstances which has materially reduced the extent to which beneficial occupation of the lands and heritages can be enjoyed, the appeal shall not be refused by reason only that the change of circumstances has not been proved to have affected the value of the lands and heritages to any specific extent.

F64A

F12An appeal under subsection (4) above shall be made—

a

on the ground that there has been a material change of circumstances since the entry was made, not more than six months after the roll ceases to be in force;

b

on the ground that there has been such an error in the entry as is referred to in section 2(1)(f) of this Act, at any time while the roll is in force.

5

Any person interested may at all reasonable times, free of charge, inspect and take copies of and extracts from any valuation roll prepared under the Valuation Acts and in the possession of the assessor; and an assessor shall, on an application made to him by any interested person, inform that person whether any entry in the valuation roll is subject to a pending F13 proposal under section 3ZA(1), appeal or complaint.

F156

Regulations under subsection (2ZA)(a)—

a

may make different provision for different purposes,

b

may make incidental, supplementary, consequential, transitional, transitory or saving provision.

7

Regulations under subsection (2ZA)(a) are subject to the negative procedure.