The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2019

Made: 14th February 2019

Laid before the Scottish Parliament: 18th February 2019

Coming into force: 1st April 2019

The Scottish Ministers make the following Order in exercise of the powers conferred by section 6A(1)(aa) and (1B) of the Valuation and Rating (Scotland) Act 1956 and all other powers enabling them to do so.

In accordance with section 6A(1D) that Act they have consulted such associations of local authorities and such other persons as they think appropriate.

Citation and commencement

1

This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2019 and comes into force on 1 April 2019.

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

2

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 is amended in accordance with articles 3 to 6.

3

For article 2(1)(b)(ii) (electricity generation) substitute—

(ii) the primary source of energy in such generation is biomass, the use of wind, wave, water, tidal or solar power, or the burning of refuse.

4

In the definition of “a Company” in article 3(2) (electricity transmission and distribution), in sub-paragraph (b)(iii) for “SP Transmission Limited” substitute “ SP Transmission PLC ”.

5

In the definition of “Company” in article 4(3) (gas), omit “at the date of this Order” in both places where it occurs.

6

For article 7A(2) (fixed line telecommunications) substitute—

(2) A “fixed line operator”, for the purposes of this article, is any of the companies registered with the following names and registration numbers—

Signed

DEREK MACKAY — A member of the Scottish Government — 2019-02-14

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1956 c.60. Section 6A was inserted by section 161 of the Local Government etc. (Scotland) Act 1994 (c.39) and subsections (1)(aa) and (1B) were inserted by section 32(1) of the Local Government in Scotland Act 2003 (asp 1) (“the 2003 Act). 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]: Section 6A(1D) was inserted by section 32(1)(b) of the 2003 Act.

[^f00003]: S.S.I. 2005/127, amended by S.S.I. 2005/320, S.S.I. 2009/196, S.S.I. 2010/78, S.S.I. 2011/75, S.S.I 2013/36, S.S.I. 2014/64, S.S.I. 2015/50 and S.S.I. 2017/42.

Editorial notes

[^c23571561]: 1956 c.60. Section 6A was inserted by section 161 of the Local Government etc. (Scotland) Act 1994 (c.39) and subsections (1)(aa) and (1B) were inserted by section 32(1) of the Local Government in Scotland Act 2003 (asp 1) (“the 2003 Act). 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).

[^c23571571]: Section 6A(1D) was inserted by section 32(1)(b) of the 2003 Act.

[^c23571581]: S.S.I. 2005/127, amended by S.S.I. 2005/320, S.S.I. 2009/196, S.S.I. 2010/78, S.S.I. 2011/75, S.S.I 2013/36, S.S.I. 2014/64, S.S.I. 2015/50 and S.S.I. 2017/42.

[^key-ae8a189f9f5cdf77831bbd7a58b1ec39]: Word in art. 6 substituted (31.3.2019) by The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(a)

[^key-4022151784d6e95332bc0fff99005d6e]: Words in art. 6 omitted (31.3.2019) by virtue of The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(b)

[^key-4febab26c5872eddeb3fe2bb62cbdcd6]: Words in art. 6 omitted (31.3.2019) by virtue of The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(c)

[^key-451901e60e927fc347f1d563c8d45cb1]: Words in art. 6 substituted (31.3.2019) by The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(d)

[^key-a8255d5301a6bd1a50f8eea629bfca2b]: Words in art. 6 substituted (31.3.2019) by The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(e)

[^key-88969d57fddc0118e3ff4c81c4e71b49]: Art. 1 in force at 1.4.2019, see art. 1

[^key-26914bb47e6fa6e35f6194a3219e68fc]: Art. 3 in force at 1.4.2019, see art. 1

[^key-869a81d1628332f23ea9313e6c764d61]: Art. 4 in force at 1.4.2019, see art. 1

[^key-181e568d4d5c2d4a0a451bfa5f95633d]: Art. 5 in force at 1.4.2019, see art. 1

[^key-fc485ee5d4bee53270b5c28f640a978d]: Art. 6 in force at 1.4.2019, see art. 1

[^key-c9d10724c1d684a826de1c62402e3337]: Art. 2 in force at 1.4.2019, see art. 1