Local Government etc. (Scotland) Act 1994

Valid from 17/07/1995

123 Power to require local authorities and assessors to supply information to new authorities. S

(1) The Secretary of State may, by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, require a local authority or an assessor to furnish relevant information (whether in documentary form or in such other form as he may specify) to a new water and sewerage authority.

(2) For the purposes of subsection (1) above, information is relevant if, being information held—

(a) by the local authority in connection with their—

(i) setting, levying or collecting council tax or council water charges (within the meaning of Part II of the M1 Local Government Finance Act 1992) or the non-domestic water rate or non-domestic sewerage rate (as defined in paragraphs (c) and (d) of section 99(2) of that Act before the repeal of those paragraphs by this Act); or

(ii) levying or collecting the non-domestic rate (as for the time being defined in section 37(1) of the 1975 Act); or

(b) as the case may be, by the assessor in connection with his functions under any enactment,

its possession by the new water and sewerage authority would, in the opinion of the Secretary of State, be likely to assist that authority to make a charges scheme or to collect, or arrange to have collected, such charges as may be fixed by a charges scheme made by them.

(3) In the application of subsections (1) and (2) above to any requirement to furnish information imposed—

(a) before 1st April 1996, “local authority” means a regional or islands council and “assessor” an assessor appointed under section 116(2) or (5) of the 1973 Act; and

(b) on or after that date—

(i) “local authority” means a council constituted under section 2 of this Act or a residuary body; and

(ii) “assessor” shall be construed in accordance with section 27 of this Act.

(4) Without prejudice to the generality of subsections (1) and (2) above, in those subsections “information” includes a copy of the whole, or of any part of, a valuation roll or valuation list.

Marginal Citations

M1 1992 c. 14.