2003 No. 65
The Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2003
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 40 of the Water Industry (Scotland) Act 20021 and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement1
These Regulations may be cited as the Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2003 and shall come into force on 1st April 2003.
Interpretation2
In these Regulations–
“charges scheme” means a charges scheme made under section 31 of the Water Industry (Scotland) Act 2002 for the period beginning 1st April 2003;
“council tax” has the same meaning as in Part II of the Local Government Finance Act 19922;
“council tax benefit” has the same meaning as in Part VII of the Social Security Contributions and Benefits Act 19923;
“dwelling” has the same meaning as in Part II of the Local Government Finance Act 1992;
“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 2003;
“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 Charges3
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 Scottish Water 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 20024,
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 Charges4
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 which 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 which 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 Scottish Water 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 £220;
“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.
(This note is not part of the Regulations)