1994 No. 2073 (S.98)
The Glasgow Underground (Rateable Values) (Scotland) Order 1994
Made
Coming into force
The Secretary of State, in exercise of the powers conferred on him by sections 6, 35 and 37(1) of the Local Government (Scotland) Act 19751 and of all other powers enabling him in that behalf, and after consultation with such associations of local authorities, and of persons carrying on undertakings, as appeared to him to be concerned, and with such local authorities, persons, or associations of persons with whom consultation appeared to him to be desirable, all in accordance with section 6(4) of the said Act, hereby makes the following Order, a draft of which has been laid before and has been approved by resolution of each House of Parliament:
Citation, commencement and date of effect1
1
This Order may be cited as the Glasgow Underground (Rateable Values) (Scotland) Order 1994 and shall come into force on the day after the day on which it is made.
2
This Order shall have effect as from 1st April 19942.
Interpretation2
1
In this Order, unless the context otherwise requires–
“the 1975 Act” means the Local Government (Scotland) Act 1975;
“the Executive” means the Strathclyde Passenger Transport Executive;
“clerical work” includes writing, book-keeping, typing, filing, duplicating, sorting papers or information, calculating (whether by manual, mechanical or electronic means), drawing, and the editorial preparation of matter for publication;
“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 19803;
“office premises” means any lands and heritages constructed or adapted as offices or for office purposes, or used wholly or mainly for such purposes;
“office purposes” includes the purposes of administration and clerical work and handling money;
“operational land”, in relation to the Executive, means land which is used for the purposes of carrying on those parts of the Executive’s undertaking which are concerned with the carriage of passengers by underground railway and for ancillary purposes, 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 19724);
“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.
2
Any reference in this Order to–
a
lands and heritages occupied by the Executive includes a reference to lands and heritages which, if unoccupied, are owned by the Executive; 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.
Prescribed class of lands and heritages3
1
The following class of lands and heritages is hereby prescribed for the purposes of section 6(1) of the 1975 Act, namely any lands and heritages in the City of Glasgow District in the Strathclyde Region (other than the lands and heritages mentioned in paragraph (2) below) occupied by the Executive and used wholly or mainly for the purposes of the parts of the Executive’s undertaking which are concerned with the carriage of passengers by underground railway or for purposes ancillary to those purposes.
2
The lands and heritages mentioned in this paragraph are lands and heritages consisting of or comprising–
a
premises used wholly or mainly–
i
as a shop, kiosk or place of public refreshment;
ii
as office premises occupied by the Executive which are not situated on operational land of the Executive; or
iii
for more than one of the foregoing purposes; and
b
premises or rights so let out as to be capable of separate assessment.
Non-domestic water rate4
The non-domestic water rate shall not be leviable in respect of the prescribed class of lands and heritages in respect of the financial year 1994-95.
Aggregate amount of rateable values for financial year 1994-955
For the purposes of section 6(1) of the 1975 Act, the aggregate amount of the rateable values of the prescribed class of lands and heritages for the financial year 1994-95 is hereby prescribed as £219,281.
Amendment of enactments
6
The following amendments shall be made to the enactments specified in articles 7 and 8 below in their relation to the valuation of the prescribed class of lands and heritages for the financial year 1994-95.
7
In section 6(1) of the Valuation and Rating (Scotland) Act 19565, after the words “this Act”, there shall be inserted the words “and to any Order made by the Secretary of State under section 6 of the Local Government (Scotland) Act 1975”.
8
1
Section 2(1)(c) of the 1975 Act shall be amended by inserting at the end the following:–
iii
upon their ceasing to be lands and heritages within the class of lands and heritages prescribed in the Glasgow Underground (Rateable Values) (Scotland) Order 1994 (hereinafter in this Act referred to as “the 1994 Order”);
2
Section 2(1)(d) of that Act shall be amended by inserting after the words “lands and heritages” the following words:–
(other than lands and heritages within the class of lands and heritages prescribed in the 1994 Order).
3
After paragraph (g) of section 2(1) of that Act there shall be inserted the following paragraphs:–
gg
by deleting therefrom, with effect from 1st April 1994, any lands and heritages within the class of lands and heritages prescribed in the 1994 Order which were entered in the roll before the date of coming into force of that Order;
ggg
by entering therein, with effect from 1st April 1994, any lands and heritages within the class of lands and heritages prescribed in the 1994 Order together with the aggregate amount of the rateable values prescribed by article 5 of that Order;
4
In section 3(2) of that Act, for the words from “and any such person” to the end, there shall be substituted the following:–
and, where the entry relates to any lands and heritages within the class of lands and heritages prescribed in the 1994 Order, any such person may at any time while the roll is in force appeal against the entry but only on the ground that there is a clerical error in that entry.
5
In section 3(4) of that Act, after the words “lands and heritages” where they appear for the first time, there shall be inserted the following:–
“(other than lands and heritages within the class of lands and heritages prescribed in the 1994 Order)”.
Revocation9
The Glasgow Underground (Rateable Values) (Scotland) Order 19936 is hereby revoked.
(This note is not part of the Order)