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The Non-Domestic Rating Contributions (Scotland) Amendment Regulations 2010

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Citation, commencement and application

1.—(1) These Regulations may be cited as the Non-Domestic Rating Contributions (Scotland) Amendment Regulations 2010 and come into force on 31st December 2010.

(2) These Regulations do not apply in respect of any financial year beginning prior to 1st April 2011.

Amendment of the 1996 Regulations

2.—(1) The Non-Domestic Rating Contributions (Scotland) Regulations 1996(1) are amended in accordance with this regulation.

(2) In Schedule 1, after paragraph 8A (amounts paid or payable in respect of non-domestic rates for preceding years that have been repaid or become repayable)(2), insert—

8B.(1) Where in a relevant year an authority operate a TIF project—

(a)the amount in that year by which the collected amount exceeds the collectable amount; or

(b)where sub-paragraph (2) applies, 50% of that amount.

(2) This sub-paragraph applies where in that year an authority operate a TIF project and have repaid all money borrowed in respect of that project.

(3) In this paragraph—

“the collectable amount” is—

(a)

in the initial relevant year of the TIF project, the amount of non-domestic rates calculated to be payable for the area of the TIF project as at 30th September in the previous year (“the initial date”)—

(i)

applying the rules contained in Schedule 1 to these Regulations (apart from this paragraph); and

(ii)

on the basis of the information before the authority at the time they make the calculation and subject to the assumptions prescribed in Schedule 2 to these Regulations;

(b)

in each subsequent relevant year of the TIF project, that amount adjusted as at 30th September in that year to take account of any material change that has occurred from the initial date;

“the collected amount” is the total amount of non-domestic rates paid to the authority in the relevant year for the area of the TIF project, but under deduction of any amount caused by displacement;

“displacement” means the extent to which the non-domestic rates paid to the authority for the area of the TIF project—

(a)

result from the relocation of those who are required to make the payments; and

(b)

would have been made to the authority or another authority had the TIF project not been in operation;

“material change” means any change that materially alters the non-domestic rates payable for the area of the TIF project—

(a)

excluding change arising as a result of the operation of the TIF project; and

(b)

including change in the rate prescribed for the purposes of section 7B of the Local Government (Scotland) Act 1975(3) between the year preceding the initial relevant year of the TIF project and subsequent relevant years; and

a “TIF project” is a project approved by the Scottish Ministers in terms of the Tax Incremental Financing Administration Pilot Scheme set out by the Scottish Ministers on 5th November 2010, that is, a project which enables an authority to meet the costs of borrowing for construction and development works from the non-domestic rate income expected to result from the project...

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

8th November 2010

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