Abolition of Domestic Rates Etc. (Scotland) Act 1987 (repealed)

Part VIF11 S Miscellaneous and General

Textual Amendments applied to the whole legislation

F11 Act repealed (prosp.) by Local Government Finance Act 1992 (c. 14), ss. 117(2), 119(2)(e), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3) and subject to a saving for Sch. 2 para. 7A (16.8.1993) by S.I. 1993/1780, art. 2 and subject to amendments (11.6.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 10; S.I. 1996/1509, art. 2, Sch. and (29.11.1999 for specified purposes, otherwise prosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 15; S.I. 1999/3178, art. 2(1)(a)(2) (subject to transitional provisions in Schs. 21-23)

The repeal of the Act by Local Government Finance Act 1992 (c. 14) was brought into force (1.4.1992) as regards Sch. 1 para. 19 by S.I. 1992/818, para. 2(b), Sch.

The repeal of the Act by Local Government Finance Act 1992 (c. 14) was brought into force (1.10.1992) as regards ss. 3A, 9, 10(7A), 11B, 28, Sch. 2 paras. 1(2), 2(1), Sch. 5 paras. 2-5, 9, 10, 14, 15, 17, 18, 19, 21, 25 by S.I. 1992/2183, art. 2(d), Sch. (with savings in art. 3)

The repeal of the Act by Local Government Finance Act 1992 (c. 14) was brought into force (1.4.1993) as regards ss. 1-7, 14, 18(2A), 20(10), 25(1)(3), words in s. 26(1), ss. 26(2), 27, 33, Sch. 1, Sch. 3 paras. 1-4, 5(1), 7, Sch. 5 paras. 1, 6, 12, 13, 16, 19A, 20, 22-24, 26-49 by S.I. 1993/575, art. 2, Sch. (with savings in arts. 4, 5(b))

26 Interpretation. S

(1) In this Act, unless the context otherwise requires—

• F1 . . .

• “community charge” means a community charge imposed under section 7 of this Act;

• “community water charges” shall be construed in accordance with the provisions of paragraph 6 of Schedule 5 to this Act;

• F1 . . .

• “domestic subjects” has the meaning assigned to it in section 2(3) of this Act;

• “financial year” means the financial year of a local authority;

• “housing body” means—

  (a)

  a district council;

  (b)

  the Scottish Special Housing Association;

  (c)

  a development corporation within the meaning of the M1 New Towns (Scotland) Act 1968;

• “levying authority” has the meaning assigned to it in paragraph 1 of Schedule 2 to this Act;

• “local authority”, except in Schedule 5, means a regional, islands or district council;

• F1 . . .

• [F2 “new entry” in relation to the register, means the making of an entry in respect of a person’s liability for a community charge, there having been no such entry in the register in respect of that liability immediately before its making;]

• “order” means an order made by statutory instrument;

• “part residential subjects” means lands and heritages which are used partly as the sole or main residence of any person, other than

  (a)

  domestic subjects;

  (b)

  such other class or classes of lands and heritages as may be prescribed;

• “prescribed” means prescribed by regulations under this Act, and cognate expressions shall be construed accordingly’

• F1 . . .

• F1 . . .

• F1 . . .

• “register” means a Community Charges Register established under section 13 of this Act;

• [F3 “registered person” means a person who is registered in the register as being liable to pay any of the community charges, and cognate expressions shall be construed accordingly;]

• “registration area” means the area of a regional or islands council;

• “registration officer” means a Community Charges Registration Officer within the meaning of section 12 of this Act;

• F1 . . .

• F1 . . .

• F1 . . .

• F1 . . .

• F1 . . .

• F1 . . .

• F1 . . .

• F1 . . .

• “the M2 1980 Act” means the Water (Scotland) Act 1980; and

• “water authority” has the meaning assigned to it in section 3 of the 1980 Act.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 26(1): the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards words in s. 26(1) by S.I. 1993/575, art. 2(d),Sch.

F2 Words inserted by Local Government Finance Act 1988 (c. 41, SIF 81:1; 103:2), s. 137, Sch. 12 para. 33(a)

F3 Words inserted by Local Government Finance Act 1988 (c. 41, SIF 81:1; 103:2), s. 137, Sch. 12 para. 33(b)

F4 S. 26(2): the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards s. 26(2) by S.I. 1993/575, art. 2(d),Sch.

Marginal Citations

M1 1968 c.16.

M2 1980 c.45.

F5 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F5 S. 27: the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards s. 27 by S.I. 1993/575, art. 2(d),Sch.

F6 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F6 S. 28: the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch. 14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.10.1992) as regards s. 28 by S.I. 1992/2183, art. 2(d),Sch. (with art. 3).

29 Appeals. S

(1) An appeal to the sheriff under this Act shall be by way of summary application and shall be lodged with the sheriff clerk within 28 days of the determination, refusal, imposition, requirement, designation or, as the case may be, other matter appealed against or within such longer period as the sheriff may allow.

[F7 (1A) The sheriff may, in considering an appeal under this Act, hear and receive evidence.

This subsection is without prejudice to—

(a)

any other enactment, or

(b)

any rule of law,

relating to the hearing or receiving of evidence in summary applications.]

(2) An appeal shall lie to the Court of Session, but only on a question of law, from the decision of the sheriff on an appeal to him under this Act.

Textual Amendments

F7 S. 29(1A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 145, Sch. 6 para. 25

30 Crown application. S

(1) Parts I and V of this Act apply to Crown land in which there is an interest other than that of the Crown, but this subsection does not render the Crown liable under any of those provisions of this Act.

F8 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The premises in respect of which the standard or the collective community charge or the standard or collective community water charge is payable include Crown land, but [F9 where, in relation to any premises, the Crown would, but for this subsection, be liable to pay any such charge, the charge shall not be payable in respect of the premises].

(4) In this section “Crown land” means land in which there is any interest belonging to Her Majesty in right of the Crown or to a Government department or to a Minister of the Crown or held on behalf of Her Majesty for the purposes of a Government department.

(5) This section is without prejudice to section 8 of the M3 Crown Private Estates Act 1862.

Textual Amendments

F8 S. 30(2) repealed by Local Government Finance Act 1988 (c. 41, SIF 81:1; 103:2), s. 149, Sch. 13 Pt. IV

F9 Words substituted by Local Government Finance Act 1988 (c. 41, SIF 81:1; 103:2), s. 137, Sch. 12 para. 34

Marginal Citations

M3 1862 c. 37(29:9)

31 Additional powers exercisable by, and procedure for, regulations. S

(1) Such provisions as appear to the Secretary of State to be necessary or expedient for the purposes of rendering this Act of full effect may be prescribed.

(2) Regulations under this Act may make.

(a) such supplemental, consequential or transitional provision as the Secretary of State thinks fit;

(b) different provision for different cases or classes of case.

(3) Regulations under this Act shall be made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C1 S. 31(2)(3) extended by Community Charges (General Reduction) Act 1991 (c. 9, SIF 81:1,2), s. 3(7)

32 Finance. S

There shall be defrayed out of money provided by Parliament—

(a) sums required for the payment of revenue support grant;

(b) sums required for the payment of subsidies by virtue of section 24(b) of this Act; and

(c) any increasse attributable to this Act in the sums payable under any other Act out of money so provided.

F10 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F10 S. 33: the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards s. 33 by S.I. 1993/575, art. 2(d),Sch.

34 Repeals. S

The enactments specified in Schedule 6 to this Act are repealed to the extent specified in the third column of that Schedule.

35 Citation,commencement and extent. S

(1) This Act may be cited as the Abolition of Domestic Rates Etc. (Scotland) Act 1987.

(2) This Act shall come into force on such day as the Secretary of State may by order appoint and different days may be so appointed for different provisions or for different purposes.

(3) An order under subsection (2) above may include such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.

(4) This Act applies to Scotland only.

Subordinate Legislation Made

P1 Power of appointment conferred by s. 35(2) exercised: 14.9.1987, 1.10.1988, 1.4.1989, 1.4.1994 appointed for specified provisions by S.I. 1987/1489