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.

Regulation 4

SCHEDULE 2 Classes 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((3)) (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((4)); 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((5)) (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)

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.

(3)

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

(4)

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

(5)

1987 c. 26