The Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2002

Citation and commencement

1.  These Regulations may be cited as the Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2002 and shall come into force on 1st April 2002.

Interpretation

2.  In these Regulations–

• “charges scheme” has the same meaning as in Part II of the Local Government etc. (Scotland) Act 1994;

• “council tax” has the same meaning as in Part II of the Local Government Finance Act 1992(1);

• “council tax benefit” has the same meaning as in Part VII of the Social Security Contributions and Benefits Act 1992(2);

• “dwelling” has the same meaning as in Part II of the Local Government Finance Act 1992;

• “new water and sewerage authority” has the same meaning as in Part II of the Local Government etc. (Scotland) Act 1994;

• “sewerage charges” means charges payable under a charges scheme in respect of the provision of sewerage services to a dwelling in the relevant year;

• “the relevant year” means the period of 12 months beginning on 1st April 2002;

• “water charges” means charges payable under a charges scheme in respect of the provision of water supply services to a dwelling in the relevant year.

Reduction of Charges

3.  Where a person is, under a charges scheme, liable to pay an amount–

(a) in respect of the provision of water supply services or sewerage services or both by a new water and sewerage authority to a dwelling in the relevant year, and

(b) the amount is payable to a local authority by virtue of the Water Services Charges (Billing and Collection) (Scotland) Order 2002(3),

the amount payable in respect of the relevant year shall be less than it would be but for these regulations and shall be reduced by the amount calculated in accordance with regulation 4 below.

Amount of Charges

4.—(1) Where regulation 3 above applies, the amount of the reduction shall be calculated in accordance with the following formula:–

(2) In paragraph (1) above–

• “A” is the amount of council tax benefit which that person receives in respect of that dwelling in respect of the relevant year;

• “B” is the council tax for which that person is liable in respect of that dwelling in respect of the relevant year;

• “C” is the amount that person is liable to pay in respect of that dwelling in respect of the relevant year under a charges scheme, net of any discounts, exemptions and reliefs applicable under that scheme, for water charges or sewerage charges or both in respect of services actually received;

• “D” is the amount that person would be liable to pay in respect of that dwelling in respect of the relevant year under a charges scheme, if none of the discounts, exemptions and reliefs under that scheme were applicable, for water charges or sewerage charges or both in respect of services actually received;

• “E” is the maximum potential charge which could be made by the new water and sewerage authority in respect of that dwelling in respect of the relevant year for water supply and sewerage services which could be received in respect of that dwelling;

• “F” is £198;

• “G” is the number of days in the relevant year for which that person is liable for council tax in respect of that dwelling; and

• “R” is the amount of the reduction.

(3) In any case where R is zero or less, it shall be treated as zero.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

7th February 2002