The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009

Made: 19th March 2009

Laid before the Scottish Parliament: 20th March 2009

Coming into force: 1st April 2010

In accordance with section 6A(1D) of the Valuation and Rating (Scotland) Act 1956[^f00003] and section 27(6D) of the Local Government etc. (Scotland) Act 1994 they have consulted such associations of local authorities and such other persons as they think appropriate.

Citation and commencement

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This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009 and comes into force on 1st April 2010.

Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005

2

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005[^f00004] is amended in accordance with the following provisions of this Order.

Fixed Line Telecommunications

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After article 7 (railways) insert–

(7A) (1) Any lands and heritages which would (apart from this Order) be treated as justifying separate entries in two or more valuation rolls shall be treated for all purposes of the Valuation Acts as justifying only one entry in the valuation roll for Renfrewshire in respect of each fixed line operator if they are– (a) occupied by that fixed line operator; and (b) occupied by posts, wires, fibres, cables and ducts, telephone kiosks, towers, masts, switching equipment or other equipment, or by servitudes or wayleaves, being property used by that fixed line operator wholly or mainly for the purposes of monitoring, processing or transmission of communications signals for the provision of telecommunications services. (2) A “fixed line operator” for the purposes of this article, is any of the companies registered at the date of this Order with the following names and registration numbers:

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• (1) At the end of column 1 in the Schedule (designated assessors for the valuation of utilities) add “Assessor for the Renfrewshire Valuation Joint Board”.

• (2) At the end of column 2 in the Schedule add “The lands and heritages specified in article 7A (Fixed Line Telecommunications).”.

Signed

JOHN SWINNEY — A member of the Scottish Executive — 19th March 2009

Explanatory note

(This note is not part of the Order)

This Order amends the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 and comes into force on 1st April 2010.

Article 3 of this Order specifies the lands and heritages to be valued within the fixed line telecommunications industry, where these are occupied by a specified fixed line telecommunication operator. Where these lands and heritages would otherwise be treated as justifying separate entries in two or more valuation rolls, they are to be treated as justifying one entry in the valuation roll for Renfrewshire in respect of each operator.

The effect is that one assessor is designated to value all lands and heritages covered by the Order. That assessor has the powers of the assessors for the local valuation areas. Any appeals would be heard by the Renfrewshire joint board’s valuation appeal committee.

Footnotes

[^f00001]: 1956 c. 60; section 6A(1)(aa) was inserted by section 32(1)(a) of the Local Government in Scotland Act 2003 (asp 1). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00002]: 1994 c. 39; subsections (6A) to (6D) were inserted by section 32(2)(a) of the Local Government in Scotland Act 2003 (asp 1).

[^f00003]: Section 6A(1D) was inserted by section 32(1)(b) of the Local Government in Scotland Act 2003 (asp 1).

[^f00004]: S.S.I. 2005/127, amended by S.S.I. 2005/320.