The Standard Community Charge (Scotland) Regulations 1989

Regulation 3

SCHEDULE 1 Classes of premises excepted from standard community charge

1.  A dwellinghouse which is or forms part of a building in respect of which a local authority have made an order under section 13 of the Building (Scotland) Act 1959((1)).

2.  A dwellinghouse which is a house in respect of which a local authority have made a closing order under section 114 of the Housing (Scotland) Act 1987((2)).

3.  A dwellinghouse which is or forms part of a building in respect of which a local authority have made a demolition order under section 115 of the Housing (Scotland) Act 1987.

4.  A dwellinghouse which is incapable of, and is not, being lived in because it is being repaired, improved or reconstructed.

5.  A dwellinghouse in respect of any time during which any person who would, but for this provision, be liable to pay the standard community charge in respect thereof falls within the following description, that is to say:—

(a) he is solely or mainly resident in premises which are a hospital, residential care home, nursing home, private hospital or hostel;

(b) he is exempt from liability to pay the personal community charge by virtue of paragraph 8 or 9 of Schedule 1A to the Act (exemption from liability of certain persons solely or mainly resident in such premises); and

(c) immediately before becoming solely or mainly resident in such premises, he was solely or mainly resident in the dwellinghouse.

6.  A dwellinghouse—

(a) which is situated on lands and heritages used for agricultural or pastoral purposes only, or as woodlands, market gardens, orchards, allotments or allotment gardens, or on lands exceeding one tenth of an hectare used for the purpose of poultry farming;

(b) which is unoccupied and unfurnished; and

(c) which, when last occupied and used, was occupied together with and used in connection with the lands and heritages on which the dwellinghouse is situated.

(1)

1959 c. 24; section 13 was amended by the Local Government (Scotland) Act 1973 (c. 65), Schedule 15, paragraph 10.

(2)

1987 c. 26; section 114 was amended by the Housing (Scotland) Act 1988 (c. 43), Schedule 7.