The Standard Community Charge (Scotland) Regulations 1989

Regulation 4

SCHEDULE 2Classes of premises where maximum standard community charge multiplier is zero

1.  A dwellinghouse which is held by or on behalf of a religious body for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office.

2.  A dwellinghouse—

(a)in respect of which the standard community charge is, or would be, but for this provision, payable immediately following the death of a person who, immediately before his death,

(i)was solely or mainly resident in the dwellinghouse; or

(ii)was a person who fell within the description mentioned in paragraph 5 of Schedule 1 to these Regulations and, as a consequence, in terms of that paragraph, the standard community charge was not payable in respect of the dwellinghouse; and

(b)where not more than 6 months have elapsed since the date of death of that person.

3.  A dwellinghouse—

(a)in respect of which the standard community charge is, or would be, but for this provision, payable by a person who is exempt from liability to pay the personal community charge by virtue of paragraph 1 of Schedule 1A to the Act((1)) (exemption from liability of certain persons in detention); and

(b)which was the sole or main residence of that person immediately before he became so exempt.

4.  A dwellinghouse—

(a)in respect of which the standard community charge is, or would be, but for this provision, payable by a person who is undertaking a full-time course of education or of nursing education within the meaning of section 8 of the Act((2)); and

(b)which was the sole or main residence of that person immediately before he undertook that course.

5.  A dwellinghouse in respect of which the standard community charge is, or would be, but for this provision, payable by a person who falls within the following description:—

(a)he is solely or mainly resident in other premises which are not a hospital, residential care home, nursing home, private hospital or hostel;

(b)he is so resident in those other premises for the purpose of receiving personal care which he requires by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder;

(c)immediately before he became so resident in those other premises for the purpose mentioned in (b) above (or in other premises of the kind mentioned in (a) above for that purpose), he was a person

(i)who was solely or mainly resident in the dwellinghouse; or

(ii)who fell within the description mentioned in paragraph 5 of Schedule 1 to these Regulations and, as a consequence, in terms of that paragraph, the standard community charge was not payable in respect of the dwellinghouse; and

(d)since ceasing to be such a person as described in (c) above, he has been continuously solely or mainly resident in those other premises for the purpose mentioned in (b) above (or in other premises of the kind mentioned in (a) above for that purpose).

6.  A dwellinghouse in respect of which the standard community charge is, or would be, but for this provision, payable by a person who falls within the following description:—

(a)he is solely or mainly resident in other premises for the purpose of providing, or better providing, personal care for a person who requires such care by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder;

(b)he was solely or mainly resident in the dwellinghouse immediately before he was so resident in premises (whether or not the premises in which he is now solely or mainly resident) for the purpose mentioned in (a) above; and

(c)since ceasing to be solely or mainly resident in the dwellinghouse, he has been continuously solely or mainly resident in premises (whether or not the premises in which he is now solely or mainly resident) for the purpose mentioned in (a) above.

7.  A dwellinghouse—

(a)which falls within the description mentioned in section 61(4)(a) of the Housing (Scotland) Act 1987((3)) (house with facilities specially designed or adapted for persons of pensionable age or disabled persons); and

(b)which is held by a registered housing association for the purpose of being available for occupation by such a person who is intended to become solely or mainly resident in other dwellinghouses falling within the same description which are provided by the association.

(1)

See regulation 3 of S.I. 1989/63 made under paragraph 1(6) of Schedule 1A .

(2)

Section 8 was amended by the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 18. Relevant definitions for the purposes of section 8 are prescribed in S.I. 1989/32