1988 No. 1538 (S.151)
The Community Water Charges (Scotland) Regulations 1988
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred upon him by sections 26(1) and 31(3) of, and paragraph 11 of Schedule 5 to, the Abolition of Domestic Rates Etc. (Scotland) Act 1987 1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Community Water Charges (Scotland) Regulations 1988 and shall come into force on 1st October 1988.
Interpretation2
In these Regulations—
“the Act” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987,
and any reference in these Regulations to a section or Schedule is, unless otherwise expressly stated, a reference to a section of, or a Schedule to, the Act.
Application to community water charges3
For the purposes of paragraph 11 of Schedule 5 to the Act (which provides for the provisions of Part II of, and Schedules 1A and 2 to, the Act2 to have effect, subject to paragraphs 7 and 8 (liability to pay community water charges) of Schedule 5 and to such adaptations, exceptions and modifications as may be prescribed, in relation to the community water charges as they have effect in relation to the corresponding community charges), there are prescribed the adaptations, exceptions and modifications set out in the Schedule to these Regulations.
SCHEDULEAPPLICATION OF PART II OF, AND SCHEDULES 1A AND 2 TO, THE ACT IN RELATION TO THE COMMUNITY WATER CHARGES
General1
Subject to the following paragraphs of this Schedule, for any reference in the provisions of Part II of, or Schedule 1A or 2 to, the Act to an expression listed in column 1 of the table below, there shall be substituted a reference to the corresponding expression listed opposite thereto in column 2 of that table:—
Column 1 | Column 2 |
|---|---|
Community charge | Community water charge |
Personal community charge | Personal community water charge |
Standard community charge | Standard community water charge |
Collective community charge | Collective community water charge |
Standard community charge contribution | Standard community water charge contribution |
Collective community charge contribution | Collective community water charge contribution |
Regional community charges | Regional community water charges |
Islands community charges | Islands community water charges |
Local authority | Regional or islands council. |
Section 72
Section 7 shall not apply.
Section 93
Section 9 shall not apply.
Section 1034
1
For subsection (5) of section 10, there shall be substituted the following subsection:—
5
The standard community water charge shall be due to the regional or islands council in the area of which the premises in respect of which it is payable are situated.
2
There shall not be a standard community water charge multiplier and accordingly the references to the standard community charge multiplier in subsections (6) and (7) of that section shall continue to be to that multiplier.
3
In subsections (8) and (8A) of that section, for the words “levying authority” there shall be substituted the words “regional or islands council”.
4
Subsection (8C) of that section shall not apply.
Section 1145
1
For subsection (6) of section 11, there shall be substituted the following subsection:—
6
The collective community water charge shall be due to the regional or islands council in the area of which the premises in respect of which it is payable are situated.
2
There shall not be a collective community water charge multiplier and accordingly—
a
the references to the collective community charge multiplier in sub-sections (7), (8), (9) and (10) of that section shall continue to be to that multiplier; and
b
the reference to the personal community charge in sub-section (10) of that section shall continue to be to that charge.
3
For paragraph (i) of subsection (11) of that section, there shall be substituted the following paragraph:—
i
the amount in this paragraph is the amount of the personal community water charge determined in respect of that year by the regional or islands council in the area of which the premises are situated;
Section 11B56
Section 11B shall not apply.
Section 127
There shall not be a separate registration officer under section 12 in respect of the community water charges.
Section 1368
1
There shall not be a separate register under section 13 in respect of the community water charges.
2
Subsection (1)(a) to (e) of that section shall not apply.
Section 1879
In subsection (3) of section 18, the words from “and where the levying authority” to the end shall not apply.
Section 1910
As a consequence of paragraph 5(2) above, in paragraph (c) of section 19, the reference to the collective community charge multiplier shall continue to be to that multiplier.
Section 20811
As a consequence of paragraph 5(2) above, in subsection (2)(a)(iii) of section 20, the reference to the collective community charge multiplier shall continue to be to that multiplier.
Section 2212
Section 22 shall not apply.
Schedule 2, paragraph 113
For paragraph 1 of Schedule 2, there shall be substituted the following paragraph:—
1
The local authority for the purpose of levying the community water charges shall be known as the “levying authority” and shall be the regional or, as the case may be, the islands council.
Schedule 2, paragraphs 2 and 2A914
1
In Schedule 2, sub-paragraph (1)(b) of paragraph 2 shall not apply.
2
There shall not be a separate demand notice issued under paragraph 2 or 2A of Schedule 2 in respect of a person’s liability to pay any of the community water charges and any demand notice issued in respect of a person’s liability to pay any of the community charges shall include a notice of any liability of that person to pay the corresponding community water charge.
Schedule 2, paragraph 415
1
In sub-paragraph (7) of paragraph 4 of Schedule 2, the reference to “any community charge” shall not be adapted by paragraph 1 above to refer to any corresponding community water charge.
2
Sub-paragraphs (11) and (12) of paragraph 4 of that Schedule shall not apply.
Schedule 2, paragraph 616
In Schedule 2, paragraph 6 shall not apply.
(This note is not part of the Regulations)