Rating and Valuation (Amendment) (Scotland) Act 1984

3 Power of Secretary of State to control rates

After section 108A of the [1973 c. 65.] Local Government (Scotland) Act 1973 there shall be inserted the following sections—

“108B Power of Secretary of State to control rate levels.

(1) The Secretary of State may, as respects the rates to be determined under section 108 of this Act by local authorities in respect of any financial year, by order prescribe—

(a) the maximum amount by which those rates may be greater than ; or

(b) the minimum amount by which those rates shall be less than,

the rates so determined in respect of the immediately preceding financial year.

(2) Any amount prescribed under subsection (1) above—

(a) may be expressed as a percentage ;

(b) shall be prescribed in relation to one or more of the following classes of rate, that is to say—

(i) the regional rate ;

(ii) the general rate ;

(iii) the district rate.

(3) The Secretary of State may, under subsections (1) and (2) above, prescribe differently in respect of the different classes of rate specified in the said subsection (2).

(4) Nil may be the amount prescribed under subsection (1) above.

(5) The Secretary of State shall, before making an order under this section, consult such associations of local authorities as appear to him to be concerned.

(6) A statutory instrument containing an order under this section shall not have effect until approved by a resolution of the Commons House of Parliament.

(7) If—

(a) an order under this section has effect in relation to a local authority ; and

(b) the authority have not, by the date prescribed under section 108(1) of this Act, determined their rate in accordance with the order,

then the authority shall be deemed to have, on that date, determined the rate at which the maximum or, as the case may be, the minimum amount referred to in the order is exactly complied with.

(8) A reference in this Act (except section 108(1)) or in any other enactment, whether passed or made before or after the passing of this Act, to such rates as are determined under the said section 108 shall be construed as including such rates as are deemed to have been determined under subsection (7) above.

108C Derogations from rates control under section 108B.

(1) The Secretary of State may, on the application of a local authority, direct that nothing in an order under section 108B of this Act specified in the direction shall apply to the local authority.

(2) A direction under subsection (1) above may be made subject to such conditions as may be specified in it.

(3) An application under subsection (1) above shall be in such form and be accompanied by such information as the Secretary of State may direct.

(4) A direction made under this section may be revoked or amended by a further direction so made.”.