The Gas and Electricity Industries (Rateable Values) (Amendment) Order 1990

Made: 30th March 1990

Coming into force: 1st April 1990

The Secretary of State for the Environment as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 140(4), 143(1) and 146(6) of, and paragraphs 3(1) and (2) of Schedule 6 to the Local Government Finance Act 1988 [^f00001], and of all other powers enabling them in that behalf, hereby make the following Order in terms of a draft laid before, and approved by resolution of, each House of Parliament:

Citation commencement and interpretation

1

• (1) This Order may be cited as the Gas and Electricity Industries (Rateable Values) (Amendment) Order 1990 and shall come into force on 1st April 1990.

• (2) In this Order, any reference to a company by name is to the company bearing that name at the date of the Central Rating Lists (Amendment) Regulations 1990 [^f00002].

British Gas plc: hereditaments in Wales

2

Article 9 (b) of the British Gas plc (Rateable Values) Order 1989 [^f00003]shall be amended by the substitution of the factor C for the factor U in the first place in which it occurs in formula 2.

Electricity supply industry

3

• (1) The Schedule to the Electricity Supply Industry (Rateable Values) Order 1989 [^f00004]shall be amended as provided in the Schedule to this Order.

• (2) Article 13 of that Order shall be amended as follows:

• (a) in paragraph (1), after “the Schedule” there shall be inserted “except those mentioned in paragraph (1A)”; and

• (b) there shall be inserted after paragraph (1) —

(1A) In relation to electricity hereditaments — (i) in England and (ii) in Wales occupied by Nuclear Electric plc, the recalculation factor in respect of any relevant year shall be the figure produced by calculating in relation to each class of hereditaments in accordance with the formula — £18,100 (D − d) where D and d have the meanings attributed by paragraph (1).

Electricity generators

4

• (1) The Electricity Generators (Rateable Values) Order 1989 [Footnote e] shall be amended as provided in this article.

• (2) For article 3(2) there shall be substituted:

(2) The conditions mentioned in paragraph (1) are that — (a) the hereditament is used or available for use for the purposes of generating electricity, where — (i) such use is its sole or primary function; or (ii) it is so used or available in connection with a scheme for the production for sale of both electrical power and heat; or (iii) its primary source of energy is the burning of refuse; and (b) the generating plant — (i) uses wind, tidal or water power as its primary source of energy; or (ii) if its primary source of energy is the burning of refuse, has a declared net capacity of 25 megawatts or more; or (iii) has a declared net capacity of 500 kilowatts or more.

• (3) In article 4(1), after “wind” there shall be inserted “or tidal” .

SCHEDULE — Amendments to the Schedule to the Electricity Supply Industry (Rateable Values) Order 1989

The Schedule shall be amended by the insertion in the places mentioned below in divisions A and C of Part I and division A of Part II of entries of the following classes of electricity hereditaments and amounts:

Signed

Chris Patten — Secretary of State for the Environment — 30th March 1990

Peter Walker — Secretary of State for Wales — 30th March 1990

Explanatory note

(This note is not part of the Order)

This order amends three orders made under the Local Government Finance Act 1988 which provide for rateable values effective on and after 1st April 1990 to be entered in local rating lists in respect of electricity generating plant, and in central rating lists in relation to certain hereditaments occupied by British Gas plc, and by companies engaged in the generation and distribution of electricity.

Article 2 amends the British Gas plc (Rateable Values) Order 1989 to correct an error in the formula by reference to which the value of gas hereditaments in Wales will be calculated in such years beginning on and after 1st April 1992.

Article 3 amends the Schedule to the Electricity Supply Industry (Rateable Values) Order 1989 to specify rateable values in relation to electricity hereditaments occupied in England and in Wales by National Power plc and Nuclear Electric plc, and in England by Scottish Power plc.

Article 4 amends the Electricity Generators (Rateable Values) Order 1989 so that generators operated by tidal power are rated on the same basis as generators operated by wind power, and generators used or available for use in connection with combined heat and power schemes, or which burn refuse as their primary source of energy, are rated by reference to their capacity.

Footnotes

[^f00001]: 1988 c. 41. Paragraph 3 of Schedule 6 is amended by paragraph 38(12) to (14) of Schedule 5 to the Local Government and Housing Act 1989 (c. 42)

[^f00002]: S.I. 1990/502

[^f00003]: S.I. 1989/2471

[^f00004]: S.I. 1989/2475