The Standard Community Charge (Scotland) Regulations 1989

Citation, commencement and application

1.—(1) These Regulations may be cited as the Standard Community Charge (Scotland) Regulations 1989 and shall come into force on 22nd January 1990.

(2) These Regulations shall apply for the purposes of and in relation to the financial year 1990-91 and any subsequent financial year.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

“dwellinghouse” includes any garden, yard, garage, outhouse or pertinent belonging to and occupied along with the dwellinghouse;

“hospital” has the same meaning as in paragraph 8(2) of Schedule 1A to the Act((1));

“hostel” has the same meaning as in paragraph 9(5) of Schedule 1A to the Act;

“nursing home” has the same meaning as in paragraph 9(3) of Schedule 1A to the Act;

“personal care” includes the provision of appropriate help with physical and social needs;

“private hospital” has the same meaning as in paragraph 9(4) of Schedule 1A to the Act;

“registered housing association” has the same meaning as it has for the purposes of the Housing Associations Act 1985((2)); and

“residential care home” has the same meaning as in paragraph 9(2) of Schedule 1A to the Act.

(2) Any reference in these Regulations to a person liable to pay the standard community charge includes any person who may be jointly and severally liable to pay that charge.

(3) Any reference in these Regulations to a section of or a Schedule to the Act includes a reference to that section or Schedule as read with paragraph 11 of Schedule 5 to the Act and the Community Water Charges (Scotland) Regulations 1988 and the Community Water Charges (Scotland) Amendment Regulations 1989.

Classes of premises excepted from standard community charge

3.  The classes of premises specified in Schedule 1 to these Regulations are prescribed for the purposes of section 10(2) of the Act (premises falling within section 10(2)(a) to (c) in respect of which the standard community charge is not payable).

Classes of premises where maximum standard community charge multiplier is zero

4.—(1) The classes of premises specified in Schedule 2 to these Regulations are prescribed for the purposes of section 10(7) of the Act.

(2) The maximum community charge multiplier prescribed for the purposes of section 10(7D) of the Act in relation to each class of premises specified in the said Schedule 2 is 0.

Determination of different classes of premises

5.—(1) Subject to paragraph (2) below, a regional or islands council may determine—

(a) in relation to their area, classes of premises additional to those specified in Schedule 2 to these Regulations; and

(b) different such classes of premises in relation to different parts of their area.

(2) A regional or islands council are required, when determining any class of premises under paragraph (1) above, to classify premises only by reference to one or more of the following factors:—

(a) the period during which the premises have not been the sole or main residence of any person;

(b) the nature of the use to which the premises were, are, or are intended to be, put; and

(c) the circumstances (other than financial circumstances) of any person liable to pay the standard community charge.

Different standard community charge multipliers

6.—(1) A regional or islands council may resolve that different standard community charge multipliers shall apply in relation to different classes of premises which they have determined under regulation 5(1) above.

(2) A district council may resolve that different standard community charge multipliers shall apply in relation to any different classes of premises which have, in relation to the district, been determined under regulation 5(1) above by the council of the region in which the district is situated.

Revocations

7.  The following Regulations are revoked:—

(a) regulation 3 of the Standard and Collective Community Charges (Scotland) Regulations 1988((3));

(b) the Standard and Collective Community Charges (Scotland) Amendment Regulations 1988((4)); and

(c) the Standard and Collective Community Charges (Scotland) Amendment Regulations 1989((5)).

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

20th December 1989