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The Valuation (Stud Farms) (Scotland) Order 2005

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Explanatory Note

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Section 7B of the Valuation and Rating (Scotland) Act 1956 (“the 1956 Act”) makes provision for the reduction of the rateable value of any lands and heritages the whole or any part of which consists of buildings which are used for the breeding and/or rearing of horses and occupied together with any agricultural land or agricultural building. The rateable value of those lands and heritages is to be ascertained by making a deduction from what would otherwise be their rateable value. The amount of the deduction is either such amount as is specified by the Scottish Ministers by order or the amount which would otherwise be the rateable value of those buildings, whichever is the smaller.

Article 2 of this Order specifies the amount for this purpose as £3,500.

Paragraph 4 (discretionary relief) of Schedule 2 to the Local Government and Rating Act 1997 (“the 1997 Act”), as amended by section 28(4)(c) of the Local Government in Scotland Act 2003, makes provision for discretionary rate relief to be granted to certain lands and heritages where any of the conditions mentioned in sub-paragraphs (2) to (2B) applies. The condition in sub-paragraph (2B) is that–

(a)section 7B (rate relief for certain buildings used for the breeding or rearing of horses) of that Act of 1956 applies in relation to the lands and heritages,

(b)that section did not apply in relation to the lands and heritages before 1st April 2003, and

(c)the rateable value of the lands and heritages shown in the valuation roll at the beginning of the financial year is not more than any amount prescribed by the Scottish Ministers by order..

Article 3 of this Order prescribes the amount for this purpose as £7,000.

Article 4 of this Order revokes the Valuation (Stud Farms)(Scotland) Order 2003, which previously specified the amount for the purposes of section 7B of the 1956 Act to be £3,000 and the amount for the purposes of paragraph 4(2B)(c) of Schedule 2 to the 1997 Act to be £6,000.

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