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The Business Improvement Districts (Ballot Arrangements) (Scotland) Regulations 2007
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- 2007 No. 261
- Regulation 3
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Approval in ballot – second voting condition
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3.—(1) This Regulation makes provision for the meaning of “A” and “B”, for the purposes of section 40(4) of the 2006 Act, in the case of a ballot following on the submission of a statement which specifies entitlement to vote in accordance with sub paragraph (ii) of section 39(3)(a) of the 2006 Act.
(2) “A” is the aggregate of the C rateable values, D rateable values and E rateable values of the lands and heritages in respect of which a person voting in the ballot has voted in favour of the BID proposals.
(3) “B” is the aggregate of the C rateable values, D rateable values and E rateable values of the lands and heritages in respect of which a person voting in the ballot has voted against the BID proposals.
(4) For the purposes of paragraphs (2) and (3)–
“C rateable values” means the rateable values of those lands and heritages in respect of which a person votes in the ballot as an eligible ratepayer, and in respect of which lands and heritages there is no other eligible person;
“D rateable values” means the rateable values which amount to P per cent of the rateable values of those lands and heritages in respect of which a person votes in the ballot as an eligible ratepayer, and in respect of which lands and heritages there is an other eligible person; and
“E rateable values” means the rateable values which amount to Q per cent of the rateable values of those lands and heritages in respect of which a person votes in the ballot as an other eligible person and in respect of which lands and heritages there is an eligible ratepayer.
(5) The function of determining P and Q for the purposes of paragraph (4) is delegated to the persons who have drawn up the BID proposals which are the subject of the ballot;
Provided that–
P + Q = 100.
(6) Those persons shall determine P and Q having regard to their assessment of the anticipated benefits that shall accrue to the eligible ratepayers (as a group), in comparison with the other eligible persons (as a group), from the BID proposals if they were to be approved by the ballot.
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