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The Non Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Order 2005

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Scottish Statutory Instruments

2005 No.103

RATING AND VALUATION

The Non Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Order 2005

Made

1st March 2005

Laid before the Scottish Parliament

3rd March 2005

Coming into force

1st April 2005

The Scottish Ministers, in exercise of the powers conferred by section 8(3), and paragraphs 1(3)(c) and (5), 3(2)(b) and 4(2)(b) of Schedule 2 to the Local Government and Rating Act 1997(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Non Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Order 2005 and shall come into force on 1st April 2005.

(2) In this Order–

the Act” means the Local Government and Rating Act 1997;

“the Census Report” means the publication “Scotland’s Census 2001, Key Statistics for Settlements and Localities Scotland”(2) which was published by the General Register Office for Scotland in 2003 and was laid before the Scottish Parliament pursuant to section 4(1) of the Census Act 1920(3).

Designation of rural areas

2.—(1) There are designated as rural areas for the purposes of paragraph 1 of Schedule 2 to the Act (rural settlement list) each of the local authority areas specified in column 1 of Schedule 1 to this Order under exclusion of the localities specified in column 2 of that Schedule opposite the name of the local authority area in question.

(2) The boundaries of the localities specified in column 2 of Schedule 1 to this Order shall be the boundaries of those localities used for the purposes of the Census Report and as these are delineated on the maps annexed to that publication.

Rateable value limits

3.—(1) The amount prescribed for the purposes of paragraph 3(2)(b) of Schedule 2 to the Act (mandatory relief) shall be–

(a)in the case of any lands and heritages which, in whole or in part, are used as a qualifying general store, qualifying food store(4) or qualifying post office, £7,000; and

(b)in the case of any lands and heritages which satisfy the conditions prescribed for the purposes of paragraph 3(2)(c)(ii) of that Schedule(5), £10,500.

(2) The amount prescribed for the purposes of paragraph 4(2)(b) of Schedule 2 to the Act (discretionary rate relief – maximum rateable value) is £14,000.

Revocations

4.  The orders specified in Schedule 2 to this Order are hereby revoked.

TOM McCABE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

1st March 2005

Article 2

SCHEDULE 1DESIGNATED RURAL AREAS

Local authority areaExcluded localities
12
AberdeenshireBanchory
Banff
Ellon
Fraserburgh
Huntly
Inverurie
Kemnay
Macduff
Peterhead
Portlethen
Stonehaven
Turiff
Westhill
AngusArbroath
Brechin
Carnoustie
Dundee
Forfar
Kirriemuir
Montrose
Argyll and ButeArdrishaig
Campbeltown
Dunoon
Helensburgh
Lochgilphead
Oban
Port Bannatyne
Rhu and Shandon
Rothesay
Sandbank
East AyrshireAuchinleck
Bellsbank
Cumnock
Dalmellington and Burnton
Darvel
Galston
Hurlford and Crookedholm
Kilmarnock
Logan
Mauchline
New Cumnock
Newmilns
Stewarton
North AyrshireArdrossan
Beith
Dalry
Dreghorn
Irvine
Kilbirnie
Kilwinning
Largs
Saltcoats
Springside
Stevenston
West Kilbride
South AyrshireAyr
Girvan
Maybole
Prestwick
Troon
ClackmannanshireAlloa
Alva
Clackmannan
Tillicoultry
Tullibody
Dumfries and GallowayAnnan
Castle Douglas
Dalbeattie
Dumfries
Kirkcudbright
Locharbriggs
Lockerbie
Newton Stewart
Stranraer
East DunbartonshireBearsden
Bishopbriggs
Kirkintilloch
Lennoxtown
Lenzie
Milngavie
Milton of Campsie
West DunbartonshireAlexandria
Bonhill
Clydebank
Dumbarton
Duntocher and Hardgate
Faifley
Milton
Old Kilpatrick
Renton
FalkirkBo'ness
Bonnybridge
Carron
Denny
Falkirk
Grangemouth
Hallglen
Polmont
Stenhousemuir
FifeAnstruther
Ballingry
Buckhaven
Burntisland
Cardenden
Cowdenbeath
Crossgates
Cupar
Dalgety Bay
Dunfermline
East Wemyss
Glenrothes
Inverkeithing
Kelty
Kennoway
Kincardine
Kirkcaldy
Leslie
Leuchars
Leven
Lochgelly
Markinch
Newport-on-Tay
North Queensferry
Oakley
Pittenweem
Rosyth
St Andrews
St Monans
Tayport
Thornton
Windygates
HighlandAlness
Culloden
Dingwall
Fort William
Invergordon
Inverness
Nairn
Smithton
Tain
Thurso
Westhill
Wick
InverclydeGourock
Greenock
Kilmacolm
Port Glasgow
North LanarkshireAirdrie
Bargeddie
Bellshill
Blackwood
Calderbank
Carfin
Chapelhall
Chryston
Cleland
Coatbridge
Croy
Cumbernauld
Glenmavis
Gowkthrapple
Holytown
Kilsyth
Moodiesburn
Motherwell
Muirhead
Newarthill
Newmains
New Stevenston
Overtown
Plains
Shotts
Stepps
Viewpark
Wishaw
South LanarkshireAshgill
Blantyre
Bothwell
Carluke
East Kilbride
Glasgow
Hamilton
Kirkmuirhill and Blackwood
Lanark
Larkhall
Lesmahagow
Stonehouse
Strathaven
Uddingston
East LothianCockenzie
Dunbar
Haddington
Musselburgh
North Berwick
Prestonpans
Tranent
MidlothianBilston
Bonnyrigg
Dalkeith
Gorebridge
Loanhead
Mayfield
Penicuik
West LothianAddiebrownhill
Armadale
Bathgate
Blackburn
Broxburn
East Calder
Fauldhouse
Linlithgow
Livingston
Polbeth
Stoneyburn
West Calder
Whitburn
MorayBuckie
Elgin
Forres
Keith
Lossiemouth
Orkney IslandsKirkwall
Perth and KinrossAuchterarder
Blairgowrie
Crieff
Kinross
New Scone
Perth
East RenfrewshireBarrhead
Busby
Clarkston
Eaglesham
Giffnock
Neilston
Newton Mearns
RenfrewshireBishopton
Bridge of Weir
Elderslie
Erskine
Houston
Inchinnan
Johnstone
Kilbarchan
Linwood
Paisley
Renfrew
Scottish BordersEyemouth
Galashiels
Hawick
Jedburgh
Kelso
Peebles
Selkirk
Shetland IslandsLerwick
StirlingBannockburn
Bridge of Allan
Dunblane
Stirling
Western IslesStornoway

Article 4

SCHEDULE 2REVOCATIONS

Orders revokedReferences
The Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Order 1997S.I. 1997/2827; partially revoked by S.S.I. 2004/91.
The Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2000S.S.I. 2000/57.
The Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2003S.S.I. 2003/141.
The Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2004S.S.I. 2004/91.

Explanatory Note

(This note is not part of the Order)

Schedule 2 to the Local Government and Rating Act 1997 (as amended) makes provision for mandatory relief from non-domestic rates for qualifying general stores, post offices and food stores. Provision is also made for discretionary relief for property used for purposes beneficial to the local community, in settlements of less than 3,000 people in areas of Scotland designated as rural areas by the Scottish Ministers (and formerly by the Secretary of State). The Non Domestic Rating (Petrol Filling Stations, Public Houses and Hotels) (Scotland) Order 2003 (S.S.I. 2003/188) prescribes conditions for the purposes of paragraph 3(2)(c)(ii) of the said Schedule 2 which add petrol filling stations, public houses and hotels to the categories of lands and heritages that qualify for mandatory relief.

Article 2 of this Order designates for the purposes of these provisions the local authority areas specified in column 1 of Schedule 1 to the Order, under exclusion of the localities specified in column 2 of that Schedule. The boundaries of the localities specified in column 2 are those used for the purposes of the publication “Scotland’s Census 2001, Key Statistics for Settlements and Localities Scotland”, copies of which may be purchased from Customer Services, General Register Office for Scotland, Ladywell House, Ladywell Road, Edinburgh EH12 7TF.

Article 3 prescribes maxima of rateable value, above which property will not be eligible for the relief. £7,000 (for qualifying general stores, post offices and food stores) and £10,500 (for qualifying petrol filling stations, hotels and public houses) are prescribed in relation to mandatory relief, and £14,000 in relation to discretionary relief.

Article 4 revokes the previous principal order (S.I. 1997/2827) and several amending orders (S.S.I. 2000/57, S.S.I. 2003/141 and S.S.I. 2004/91).

(1)

1997 c. 29. 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).

(2)

ISBN Number 1-874451-68-0. Copies of this document may be purchased from Customer Services, General Register Office for Scotland, Ladywell House, Ladywell Road, Edinburgh EH12 7TF.

(4)

Section 29 of the Local Government in Scotland Act 2003 (asp 1) amends paragraph 3(2)(c)(i) of Schedule 2 to the Local Government and Rating Act 1997 to add qualifying food stores to those lands and heritages qualifying for mandatory relief.

(5)

Article 3 of the Non Domestic Rating (Petrol Filling Stations, Public Houses and Hotels) (Scotland) Order 2003 (S.S.I. 2003/188) prescribes conditions for the purposes of paragraph 3(2)(c)(ii) of Schedule 2 to the Local Government and Rating Act 1997

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