The Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2023

Type Scottish-Statutory-Instrument
Publication 2023-02-07
Last updated 2024-04-01
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
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Made: 7th February 2023

Laid before the Scottish Parliament: 9th February 2023

Coming into force: 1st April 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 153 of the Local Government etc. (Scotland) Act 1994[^f00001] and all other powers enabling them to do so.

PART 1 — Introductory

Citation and commencement

1

These Regulations may be cited as the Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2023 and come into force on 1 April 2023.

Interpretation – general

2

In these Regulations—

Interpretation – mergers

3

In these Regulations—

Interpretation - splits

4

In these Regulations—

Interpretation – reorganisations

5

In these Regulations—

PART 2 — Lands and heritages in the roll on 1 April 2023

Application of Parts 2 and 4

6

Amount payable as rates

7

Where the notional liability in respect of any lands and heritages to which this Part applies on any day in the relevant year is more than the transitional limit in respect of those lands and heritages on that day, the amount payable as rates in respect of those lands and heritages on that day is, subject to Part 3, that transitional limit, calculated in accordance with regulation 9.

Notional liability

8

The notional liability of any lands and heritages to which this Part applies on any day is to be calculated in accordance with the formula—

$$RV×PF366$where—RV is the rateable value of those lands and heritages on that day, and PF is the poundage figure of— 0.524 where the lands and heritages have a rateable value exceeding £100,000,0.511 where the lands and heritages have a rateable value exceeding £51,000 but not exceeding £100,000, or0.498 in any other case.$

Transitional limit

9

$BL×X+CRV-RV×PF366$

$BL×X+CRV366×RV$

Base liability

10

$$NL×366X$ where— NL is the notional liability of those lands and heritages, calculated in accordance with regulation 8, and X is— 1.2 where at revaluation on 1 April 2023 the lands and heritages have a rateable value of £20,000 or less, 1.25 where at revaluation on 1 April 2023 the lands and heritages have a rateable value of between £20,001 and £100,000, and 1.4 where at revaluation on 1 April 2023 the lands and heritages have a rateable value of more than £100,000,$

PART 3 — Reductions, remissions and exemptions

Charitable and other reductions

11

Partially unoccupied lands and heritages

12

$$A×ARVRV$where—A is the amount payable for the day determined under regulation 7,ARV is the applicable rateable value, being the rateable value treated for rating purposes as the rateable value of the lands and heritages in terms of section 24A(2) of the 1966 Act, andRV is the rateable value shown in the roll for those lands and heritages.$

the amount payable is to be determined in accordance with regulation 11(2) but as though for “regulation 7” there were substituted “regulation 12(2).”

Exemptions and discretionary reductions and remissions

13

Nothing in these Regulations—

PART 4 — Cases involving small business bonus scheme relief or rural property relief as at 31 March 2023

Cap for properties with small business bonus scheme relief or rural property relief

14

$DA+600+CRV-RV×PF-A×100%-Z366$

$$DA+600×CRV366×RV$where—A is the amount of relief granted under regulation 10 of the new and improved property relief Regulations in respect of the day with reference to which the transitional limit is calculated, multiplied by 366,CRV is the rateable value of the lands and heritages on the day with reference to which the transitional limit is calculated,DA is the deemed amount within the meaning given in paragraph (5),PF is the poundage figure of—0.524 where the lands and heritages have a rateable value exceeding £100,000,0.511 where the lands and heritages have a rateable value exceeding £51,000 but not exceeding £100,000, or0.498 in any other case,RV is the rateable value of the lands and heritages on 1 April 2023, andZ is the percentage of relief other than relief under regulation 10 of the new and improved property relief Regulations granted in respect of the day with reference to which the transitional limit is calculated.$

PART 5 — Parks

Relief for parks or parts of parks previously exempt from rating and becoming rateable on 1 April 2023

15

PART 6 — General

Applications for relief

16

Amendment of the new and improved property relief Regulations

17

  • BL is the base liability of the lands and heritages calculated in accordance with regulation 10 of the of the 2023 Regulations,
  • RV is the rateable value of the lands and heritages on 1 April 2023,
  • PF is the poundage figure of—0.524 where the lands and heritages have a rateable value exceeding £100, 000,...... 0.511 where the lands and heritages have a rateable value exceeding £51,000 but not exceeding £100,000, or 0.498 in any other case, and
  • X is—1.125 where at revaluation on 1 April 2023 the lands and heritages have a rateable value of £20,000 or less,1.250 where at revaluation on 1 April 2023 the lands and heritages have a rateable value between £20,001 and £100,000, and1.375 where at revaluation on 1 April 2023 the lands and heritages have a rateable value of more than £100, 000, or

(6) In this regulation, “the 2023 Regulations” means the Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2023[^f00026].

Signed

TOM ARTHUR — Authorised to sign by the Scottish Ministers — 7th February 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision as to the amount payable in certain circumstances as non-domestic rates in respect of non-domestic properties in Scotland. They apply to the financial year 2023-24. The Regulations cease to apply where a non-domestic property is shown in a merged, split or reorganised entry in the valuation roll which takes effect during the financial year 2023-24.

Part 1 makes provision as to citation, commencement and interpretation.

Part 2 deals with amounts payable in respect of lands and heritages which are shown in the valuation roll as at 31 March 2023 and 1 April 2023. For every day of the relevant year, the notional rates liability for a non-domestic property (that is, the gross amount ordinarily payable as rates before any reliefs are applied) must be compared against that property’s transitional limit. If the notional liability, calculated in accordance with regulation 9, is more than the transitional limit, the amount payable will be equal to the transitional limit. This is provided for by regulation 7. The transitional limit is calculated by multiplying the lands and heritages’ base liability, calculated under regulation 10, by whichever is the appropriate factor as provided for by regulation 9.

Part 3 deals with reductions, remissions and exemptions. Regulation 11 provides for reductions under other enactments to apply in cases where the amount of rates payable is determined under regulation 7 of these Regulations in the same way as they apply in cases where these Regulations do not have effect.

Regulation 12 provides for calculation of rates liability in respect of lands and heritages which are partially unoccupied, and to which regulation 7 applies, where there is an apportionment between the rateable value of the parts of the lands and heritages which are occupied, and those which are unoccupied. In determining liability, the rateable value is taken to be the figure attributed only to the part of the property which is occupied.

In terms of regulation 13, nothing in the Regulations requires the payment of rates on property on a day on which it is entirely exempt from rates under any other enactment, or prejudices the power of a rating authority to grant discretionary reductions or remissions.

Part 4 (regulation 14) provides for a cap on increase in rates liability on certain lands and heritages in respect of which there is entitlement to small business bonus scheme relief under regulation 3 of the Non-Domestic Rates (Levying and Miscellaneous Amendment) (Scotland) Regulations 2022 or rural property relief under schedule 2 of the Local Government and Rating Act 1997, as at 31 March 2023. In relation to rural property relief, the cap applies only where entitlement to the relief is lost on 1 April 2023 as a result of an increase in rateable value taking it above whichever limit as set down by article 3(1) of the Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Order 2005 applies (in relation to mandatory relief) or article 3(2), in the case of discretionary relief. The cap can be relied upon as an alternative to reliance on regulation 7, where reliance on this Part provides a more favourable result in relation to entitlement to relief than application of the transitional limit calculated in accordance with regulation 9.

Part 5 (regulation 15) provides for relief for lands and heritages consisting of certain types of parks or parts of parks which become rateable on 1 April 2023 as a result of the taking effect of amendments to section 19 of the Local Government (Financial Provisions) (Scotland) Act 1963. The relief granted is 67% relief on the rateable value of the lands and heritages as it applied when the park was added to the valuation roll at revaluation on 1 April 2023. Where the entry in a valuation roll is split or reorganised on or after 1 April 2023, a 67% reduction is made on the gross rates liability on each part of the lands and heritages which is the subject of an entry in the valuation roll.

Part 6 deals with general matters. Regulation 16 provides the process for making an application for relief. An application is required for relief under regulations 14 and 15.

Regulation 17 makes amendments to regulation 10 of the Non-Domestic Rates (Relief for New and Improved Properties) (Scotland) Regulations 2022, to replace references to the Non-Domestic Rates (Transitional Relief)(Scotland) Regulations 2017 (S.S.I. 2017/85) with references to these Regulations.

Footnotes

[^f00001]: 1994 c. 39. Section 153 was amended by section 67 of the Climate Change (Scotland) Act 2009 (asp 12) and section 15(3) of the Non-Domestic Rates (Scotland) Act 2020 (asp 4) and paragraph 7 of schedule 4 of the Coronavirus (Scotland) (No. 2) Act 2020 (asp 10). 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]: 1962 c. 9.

[^f00003]: 1966 c. 51.

[^f00004]: 1975 c. 30.

[^f00005]: 1978 c. 40.

[^f00006]: 1992 c. 14.

[^f00007]: 1997 c. 29.

[^f00008]: S.S.I. 2022/48.

[^f00009]: S.S.I. 2023/30.

[^f00010]: 2000 c. 7. Section 15(1) was amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c. 21).

[^f00011]: S.S.I. 2022/49 which is to be amended by S.S.I. 2023/30.

[^f00012]: Section 7B was inserted in substitution for section 7A by section 110(2) of the Local Government Finance Act 1992 and amended by paragraph 100(4) of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c. 39).

[^f00013]: Section 4(2) was amended by section 5(a)(i) and schedule 4 of the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23) and section 98(2)(a) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).

[^f00014]: Section 24(3) was amended by section 1(2)(a), (b) and (c) of the Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11).

[^f00015]: Section 4 was amended by paragraph 49(c) of schedule 10 of the Social Security Act 1986 (c. 50) and paragraph 48 of schedule 2 of the Social Security (Consequential Provisions) Act 1992 (c. 6). Section 5 was amended by section 5(1)(a), (b) and (c) of the Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31).

[^f00016]: Paragraph 3 was amended by section 29 of the Local Government in Scotland Act 2003 (asp 1) and paragraph 25 of schedule 8 and paragraph 148 of schedule 12 of the Postal Services Act 2011 (c. 5).

[^f00017]: S.S.I. 2023/30.

[^f00018]: Section 24A was inserted by section 155 of the Local Government etc. (Scotland) Act 1994 (c. 39) and was amended by section 1(3) of the Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 (asp 11) . It is to be further amended by section 19 of the Non-Domestic Rates (Scotland) Act 2020 (asp 9), with effect from 1 April 2023.

[^f00019]: Section 3A was inserted by section 140(1) of the Community Empowerment (Scotland) Act 2015 (asp 6). Section 4(5) was amended by section 5(1)(b) of the Local Government and Planning (Scotland) Act 1982, paragraph 57 of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c. 39), paragraph 2(a) of schedule 3 of the Local Government and Rating Act 1997(c. 29) and section 98(3) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).

[^f00020]: Section 25A was inserted by section 156 of the Local Government etc. (Scotland) Act 1994 (c. 39).

[^f00021]: Paragraph 4 was amended by section 28(4)(a), (b) and (d) of the Local Government in Scotland Act 2003 (asp 1).

[^f00022]: Paragraph 4 was amended by section 28(4) of the Local Government in Scotland Act 2003 (asp 1).

[^f00023]: S.S.I. 2005/103. Article 3 was amended by S.S.I. 2010/37.

[^f00024]: 1963 c. 12. Subsections (1ZA), (1ZB) and (1ZC) are to be inserted into section 19 by section 5 of the Non-Domestic Rates (Scotland) Act 2020 (asp 9), with effect from 1 April 2023.

[^f00025]: 2000 c. 7. Section 7(2) was amended by S.I. 2016/696.

[^f00026]: S.S.I. 2023/31.

Editorial notes

[^key-845f8ca80ded17b5d150bcf16effea8c]: Reg. 1 in force at 1.4.2023, see reg. 1

[^key-f19c64d1e94747c581f4b868a92db797]: Reg. 15 restricted (1.4.2023 with application to the financial year beginning 1.4.2023 and each subsequent financial year) by The Non-Domestic Rates (Restriction of Relief) (Scotland) Regulations 2023 (S.S.I. 2023/28), regs. 1, 3

[^key-79618ee924e5f16cfcf169c89d504406]: Reg. 15 in force at 1.4.2023, see reg. 1

[^key-1bf113484fac405f36ce5df531993ed9]: Reg. 17 in force at 1.4.2023, see reg. 1

[^key-8e531bb21c67dbaaae8c48031020651a]: Reg. 13 in force at 1.4.2023, see reg. 1

[^key-d6fbdfca5ee39880cfff9b09571138ba]: Reg. 8 in force at 1.4.2023, see reg. 1

[^key-f89a6bb4e827597ddf5b33908b9cc56a]: Reg. 9 in force at 1.4.2023, see reg. 1

[^key-55236d8c79606f69c2e5482dd7dfe252]: Reg. 12 in force at 1.4.2023, see reg. 1

[^key-a41ff3021f0226ff169930291ced3c37]: Reg. 14 in force at 1.4.2023, see reg. 1

[^key-f31d5dd933c0c2ad4ecae9b6fdd4177b]: Reg. 2 in force at 1.4.2023, see reg. 1

[^key-6d521fa9f292475f9c81d4d26d6cbdc4]: Reg. 3 in force at 1.4.2023, see reg. 1

[^key-b3293e20d0d015b91fd2041774b24084]: Reg. 4 in force at 1.4.2023, see reg. 1

[^key-d82f21e7e16c5eee4b8c755ee9da2148]: Reg. 5 in force at 1.4.2023, see reg. 1

[^key-331519da2937ce9426f74ee02671f8df]: Reg. 6 in force at 1.4.2023, see reg. 1

[^key-ebbe71242c1d69b8754cbeb4caa92f0d]: Reg. 7 in force at 1.4.2023, see reg. 1

[^key-21a26a0432f3f90161079c3ce9cf3bde]: Reg. 10 in force at 1.4.2023, see reg. 1

[^key-17084c059e7fc9de2a38581b4e3b8f1b]: Reg. 11 in force at 1.4.2023, see reg. 1

[^key-39a329bf1275d20c7f051b87db7a1649]: Reg. 16 in force at 1.4.2023, see reg. 1

[^key-25a37dbe2c519455b7b0e0239e2f70bb]: Words in reg. 14(4)(b) substituted (1.4.2023) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(5)(a)(i)

[^key-f122bddfc1b5abd995099154d7bc48ef]: Words in reg. 14(4)(b) substituted (1.4.2023) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(5)(a)(ii)

[^key-64428a645e0bb5aacf2339d2a2d8d00c]: Words in reg. 14(6) substituted (1.4.2023) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(5)(b)

[^key-63fa7efade214236b79c884668a223bc]: Words in reg. 9(2) substituted (1.4.2023) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(3)(a)

[^key-ded029db52c98038490d28d307f40ed7]: Words in reg. 9(2) substituted (1.4.2023) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(3)(b)

[^key-85c6fe0ca0fa2d7052086c443e29de29]: Reg. 12(3)(c) omitted (1.4.2023) by virtue of The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(4)(a)

[^key-285ba908d0905949fe59525593456794]: Words in reg. 12(3) inserted (1.4.2023) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(4)(b)

[^key-08d053963e3fdd691366a2a29a8eb22f]: Words in reg. 17(3)(b)(v) omitted (1.4.2023) by virtue of The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(6)(a)

[^key-24b9a0db0fcc3ec86d5a4a5937029e2a]: Words in reg. 17(3)(b)(v) inserted (1.4.2023) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(6)(b)

[^key-88ab882ca4e2a2aa7c99f4b78f2e37cd]: Words in reg. 8 substituted (1.4.2023) by The Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/63), regs. 1, 2(2)

[^key-32cc4eec87422e64c07b537f527368eb]: Words in reg. 15 substituted (1.4.2024) by The Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2024 (S.S.I. 2024/5), regs. 1, 19(2) (with reg. 13)

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