Rating (Disabled Persons) Act 1978

5 Rebates for institutions in Scotland for the disabled

(1) Subject to the provisions of this Act, the raring authority for any area in Scotland shall grant a rebate in respect of the rates chargeable on any lands and heritages situated in the area which are occupied by a local authority or other body and are used—

(a) wholly for one or more of the purposes specified in subsection (2) below; or

(b) partly for one or more of those purposes and partly for purposes ancillary thereto.

(2) The said purposes are—

(a) the provision of residential accommodation for the care of persons suffering from illness or the after-care of persons who have been suffering from illness ;

(b) the provision of facilities for training or keeping suitably occupied persons suffering from illness or persons who have been suffering from illness ;

(c) the provision of such accommodation or facilities as are mentioned in paragraph (a) or (b) above for disabled persons not falling within that paragraph ;

(d) the provision of welfare services for disabled persons;

(e) the provision of facilities under section 15 of the [1944 c. 10.] Disabled Persons (Employment) Act 1944 ;

(f) the provision of a workshop or of other facilities under section 3(1) of the [1958 c. 33.] Disabled Persons (Employment) Act 1958.

(3) In subsection (2) above—

• " care " does not include the provision of medical, surgical or dental treatment, but without prejudice to subsection (1)(b) above;

• " illness " has the meaning given by section 108(1) of the [1978 c. 29.] National Health Service (Scotland) Act 1978;

• " welfare services " means services or facilities (by whomsoever provided) of a kind which a local authority have power to provide under the [1968 c. 49.] Social Work (Scotland) Act 1968.

(4) The person entitled to a rebate under this section is the occupier of the lands and heritages.

(5) The rebate in respect of any lands and heritages shall be equal to the rates chargeable on the lands and heritages for the rebate period but where the lands and heritages qualify for rebate for part only of a rebate period the rebate shall be proportionately reduced.

(6) Where the person entitled to a rebate under this section is also entitled to relief under section 4 of the [1962 c. 9.] Local Government (Financial Provisions etc.) (Scotland) Act 1962 (relief for charitable and other organisations) in respect of the same lands and heritages and the same period, that section shall have effect as if the rates chargeable on the lands and heritages for that period were reduced by the amount of the rebate.