The Forth Ports plc (Rateable Values) (Scotland) Order 1992

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“the 1975 Act” means the Local Government (Scotland) Act 1975;

“associated body” means an associated body of the Company and shall be construed in accordance with paragraph (3) below;

“the Company” means the Company which as at the date of this Order is constituted as a body corporate by the name of Forth Ports plc((1));

“financial year” means the period of twelve months beginning with 1st April;

“non-domestic water rate” shall be construed in accordance with the provisions of section 40 of the Water (Scotland) Act 1980((2));

“operational land”, in relation to the Company, means land which is used for the purposes of carrying on the Company’s undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purposes of carrying on of statutory undertakings (within the meaning of the Town and Country Planning (Scotland) Act 1972((3));

“prescribed class of lands and heritages” means the class of lands and heritages prescribed for the purposes of section 6(1) of the 1975 Act in article 3 of this Order; and

“the undertaking” means the dock or harbour undertaking carried on, under authority conferred by or under any enactment, by the Company.

(2) Any reference in this Order to—

(a) lands and heritages occupied by the Company includes a reference to lands and heritages which, if unoccupied, are owned by the Company; and

(b) lands and heritages used for any purpose includes a reference to lands and heritages which are unused but in relation to which it appears that, when next in use, they will be used for such a purpose.

(3) For the purposes of this Order a body shall be treated as an associated body of the Company if—

(a) it is a body corporate in relation to which the Company directly or indirectly own or control not less than 51 per cent of its issued share capital; or

(b) it is a body corporate in relation to which the Company and any body or bodies falling within the terms of sub-paragraph (a) above directly or indirectly own or control not less than 51 per cent of its issued share capital.

(1)

Forth Ports plc is a successor company of Forth Ports Authority. In terms of the Forth Ports Authority Scheme 1992, made under Part I of the Ports Act 1991 (c. 52), and confirmed by the Forth Ports Authority Scheme 1992 Confirmation Order 1992 (S.I. 1992/546), the property, rights, liabilities and functions of Forth Ports Authority were transferred to Forth Ports plc with effect from 6th March 1992.

(2)

1980 c. 45; section 40 was substituted by the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47), Schedule 5, paragraph 29, and amended by the Local Government and Housing Act 1989, Schedule 6, paragraph 16 and Schedule 12, Part II.

(3)

1972 c. 52.