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Local Government (Scotland) Act 1978

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This is the original version (as it was originally enacted).

2Lands and heritages to which section 6 of Local Government (Scotland) Act 1975 applies

For paragraphs 1 to 4 of Schedule 1 to the [1975 c. 30.] Local Government (Scotland) Act 1975 there shall be substituted the following paragraphs—

1(1)Any lands and heritages, occupied for the purposes of a water undertaking, other than—

(a)lands and heritages occupied and used as a dwelling house; or

(b)lands and heritages held by a water authority under a lease for a period not exceeding 21 years.

(2)In sub-paragraph (1) above—

  • " water undertaking " means an undertaking, for the supply of water, carried on by—

    (a)

    a water authority within the meaning of section 148 of the [1973 c. 65.] Act of 1973 ; or

    (b)

    a water development board within the meaning of section 34 of the [1967 c. 78.] Water (Scotland) Act 1967.

2(1)Any lands and heritages occupied by—

(a)the British Waterways Board, or any subsidiary of that Board, for any purpose concerned with, or supplementary or incidental to, the carriage of goods or passengers by inland waterway or the provision of facilities for traffic by inland waterway ;

(b)the National Freight Corporation, or any subsidiary of that Corporation, for any purpose concerned with, or supplementary or incidental to, the carriage of goods by rail; or

(c)the British Railways Board, or any subsidiary of that Board, for any purpose concerned with, or supplementary or incidental to, the carriage of goods or passengers by rail,

other than—

(i)lands and heritages occupied and used as a dwelling house, hotel or place of public refreshment;

(ii)lands and heritages so let out as to be capable of separate assessment;

(iii)office premises not situated on operational land of the Board, Corporation or subsidiary (as the case may be);

(iv)lands and heritages occupied for purposes concerned with the carriage of goods or passengers by road transport or sea transport ; or

(v)any harbour:

Provided that the collection and delivery, by road or sea, of parcels, goods or merchandise conveyed or to be conveyed by rail or inland waterway shall be deemed purposes concerned with carriage by rail or inland waterway (as the case may be) and not purposes concerned with carriage by road or sea transport.

(2)in sub-paragraph (1) above—

  • " harbour " has the same meaning as in the [1964 c. 40.] Harbours Act 1964;

  • " office premises " means lands and heritages used wholly or mainly as an office or for office purposes;

  • " operational land " means land used for the carrying on of the undertaking of the Board, Corporation or subsidiary (as the case may be), not being land which in respect of its nature and situation is comparable rather with land in general than with land which is used for the purpose of the carrying on of statutory undertakings ; and

  • " subsidiary " means a subsidiary as defined by section 154 of the [1948 c. 38.] Companies Act 1948; and in this sub-paragraph " office purposes" includes the purposes of administration, clerical work and handling money, " clerical work " includes writing, bookkeeping, sorting papers, filing, typing, duplicating, punching cards or tapes, machine calculating, drawing and the editorial preparation of matter for publication, and " statutory undertakings " has the same meaning as in the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

3(1)Any lands and heritages occupied by the British Gas Corporation, other than—

(a)lands and heritages occupied and used as a dwelling house;

(b)a shop, room or other place occupied and used by the Corporation wholly or mainly for the sale, display or demonstration of apparatus or accessories for use by consumers of gas:

Provided that in determining whether any such shop, room or other place is wholly or mainly occupied and used as aforesaid, use for the receipt of payments for gas consumed shall be disregarded;

(c)lands and heritages held by the Corporation under a lease for a period not exceeding 21 years or let by the Corporation ;

(d)lands and heritages not used or adapted for use for the purposes of the functions of the Corporation;

(e)office premises not situated on operational land of the Corporation; or

(f)lands and heritages occupied and used by the Corporation wholly or mainly for the manufacture of plant or gas fittings.

(2)In sub-paragraph (1) above—

  • " office premises " has the same meaning as in paragraph 2(1) of this Schedule; and

  • " operational land " has the same meaning in relation to the Corporation as it has in the said paragraph 2(1) in relation to any of the bodies specified in sub-paragraph (1)(a), (b) or (c) of that paragraph.

4(1)Any lands and heritages occupied by a Scottish Electricity Board, other than—

(a)lands and heritages occupied and used as a dwelling house;

(b)a shop, room or other place occupied and used by the Board wholly or mainly for the sale, display or demonstration of apparatus or accessories for use by consumers of electricity:

Provided that in determining whether any such shop, room or other place is wholly or mainly occupied and used as aforesaid, use for the receipt of payments for electricity consumed shall be disregarded; or

(c)office premises not situated on operational land of the Board.

(2)In sub-paragraph (1) above—

  • " office premises " has the same meaning as in paragraph 2(1) of this Schedule ;

  • " operational land " has the same meaning in relation to the Board as it has in the said paragraph 2(1) in relation to any of the bodies specified in sub-paragraph (1)(a), (b) or (c) of that paragraph; and

  • " a Scottish Electricity Board " means either the North of Scotland Hydro-Electric Board or the South of Scotland Electricity Board.

4ASubsections (3) and (4) of section 18 of the [1966 c. 51.] Local Government (Scotland) Act 1966 shall apply in determining, in relation to a body mentioned in paragraph 2(1)(a), (b) or (c), 3(1) or 4(1) of this Schedule, the question whether office premises are situated on operational land of the body as they apply in determining the like question in relation to an authority to which that section applies..

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