Local Government (Scotland) Act 1978

1 Amendment of section 6 of Local Government (Scotland) Act 1975. S

For section 6 of the M1 Local Government (Scotland) Act 1975 there shall be substituted the following section—

“6 Valuation by formula of certain lands and heritages.

(1) The Secretary of State may by order—

(a) prescribe;

(b) make provision for determining by such method, and at such intervals, as may be specified in the order,

the rateable value, or aggregate amount of the rateable values, of any lands and heritages specified in Schedule I to this Act, or of any class or description of such lands and heritages.

(2) A rateable value or aggregate amount—

(a) prescribed under; or

(b) determined by virtue of,

an order under this section may be apportioned among local authorities in such manner as may be specified in the order.

(3) An order under this section applying to any lands and heritages or any class or description of such lands and heritages may provide for—

(a) determining a rateable value or aggregate amount by the application of different methods of valuation;

(b) apportioning a rateable value or aggregate amount by the application of different manners of apportionment,

to different parts of the lands and heritages.

(4) Before making an order under this section the Secretary of State shall consult with such associations of local authorities, or of persons carrying on undertakings, as appear to him to be concerned and with any local authority, person or association of persons with whom consultation appears to him to be desirable.

(5) An order under this section may—

(a) repeal or amend any enactment so far as that enactment relates to—

(i) the valuation of ;

(ii) the levying or payment of rates in respect of ;

(iii) the making of payments in lieu of rates in respect of,

lands and heritages to which the order relates;

(b) repeal or amend any enactment so far as that repeal or amendment is incidental or consequential to a repeal or amendment in terms of paragraph (a) above; and

(c) as regards such lands and heritages apply, restrict or modify the enactments relating to appeals or complaints in connection with the valuation roll.

(6) An order under this section may provide that the order shall have effect as from the beginning of the year in which the order is made.

(7) An order under this section shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1 The text of ss. 1, 4(1), 5, 6, Sch. paras. 1, 3, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M1 1975 c.30.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 2 repealed by Local Government Finance Act 1988 (c. 41, SIF 81:1, 2), s. 149, Sch. 13 Pt. IV

3 Transitional S

An order made under section 13 of the M2 Local Government (Financial Provisions) (Scotland) Act 1963 (valuation by formula of certain lands and heritages) shall, notwithstanding any repeal of that section, continue to have effect as if made under section 6 of the M3 Local Government (Scotland) Act 1975; and section 35(2) of the said Act of 1975 shall apply accordingly.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M2 1963 c. 12.

M3 1975 c. 30.

F2 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 S. 4 repealed (23.10.2002) by 2002 asp 11, s. 25, Sch. 6 para. 22; S.S.I. 2002/467, art. 2

F3 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 S. 5 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group2.

6 Minor amendments. S

The enactments set out in the Schedule to this Act shall have effect subject to the amendments respectively specified in that Schedule, being minor amendments.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2 The text of ss. 1, 4(1), 5, 6, Sch. paras. 1, 3, 4 is in the form in which it was originally enacted; it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7 Expenses. S

There shall be defrayed out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

8 Short title, construction, commencement and extent. S

(1) This Act may be cited as the Local Government (Scotland) Act 1978.

(2) Any reference in this Act to any other enactment shall be construed as referring to that enactment as amended, extended or applied by or under any other enactment, including, unless the context otherwise requires, this Act.

(3) Paragraph 2 of the Schedule to this Act shall not come into force until 1st January 1979.

(4) This Act extends to Scotland only.