Search Legislation

Non-Domestic Rates (Scotland) Act 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Cross Heading: Reform of reliefs etc.

 Help about opening options

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Non-Domestic Rates (Scotland) Act 2020, Cross Heading: Reform of reliefs etc. is up to date with all changes known to be in force on or before 26 July 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 2 Crossheading Reform-of-reliefs-etc:

Reform of reliefs etc.S

14New or improved properties: rates reliefS

(1)The Scottish Ministers may by regulations make provision for relief from the payment of non-domestic rates in respect of—

(a)newly built lands and heritages,

(b)improved lands and heritages.

(2)Regulations under subsection (1) may (in particular) make provision for or about—

(a)rates of relief (including by reference to thresholds),

(b)periods for which relief is available,

(c)eligibility for relief (including eligibility based on use or occupation of, or changes to, the lands and heritages).

(3)Regulations under subsection (1)—

(a)may make different provision for different purposes,

(b)may make incidental, supplementary, consequential, transitional, transitory or saving provision.

(4)Regulations under subsection (1) are subject to the negative procedure.

(5)Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.

(6)In this section—

  • improved lands and heritages” means lands and heritages for which an entry in the valuation roll is altered as described in section 2A(4) of the 1975 Act,

  • newly built lands and heritages” means lands and heritages for which an entry in the valuation roll is made or altered as described in section 2A(3) of the 1975 Act.

Commencement Information

I1S. 14 in force at 5.11.2020 by S.S.I. 2020/327, sch.

15Contribution to net-zero emissions target: rates reliefS

(1)Section 153 of the Local Government etc. (Scotland) Act 1994 (power to prescribe amount of non-domestic rate) is amended as follows.

(2)After subsection (3)(b) insert—

(c)which—

(i)contribute to the net-zero emissions target (for example, by virtue of forming part of a district heating network) and those which do not so contribute,

(ii)contribute as mentioned in sub-paragraph (i) and whose contributions fall into different categories prescribed for the purpose of this sub-paragraph in rules under subsection (1)..

(3)In subsection (3A) after “subsection (3)(b)” insert “ or (c)(ii) ”.

(4)After subsection (6) insert—

(7)In subsection (3)(c), “net-zero emissions target” has the meaning given by section A1(1) of the Climate Change (Scotland) Act 2009..

Commencement Information

I2S. 15 in force at 5.11.2020 by S.S.I. 2020/327, sch.

16Specialist music provision in public schools: rates reliefS

(1)The Scottish Ministers may by regulations make provision for relief from the payment of non-domestic rates in respect of any part of lands and heritages which falls within subsection (2).

(2)A part of lands and heritages falls within this subsection if—

(a)the lands and heritages are wholly or mainly used as a public school, some or all of the pupils of which—

(i)are selected for attendance at the school on the basis of musical ability or potential, and

(ii)follow a curriculum which includes tuition aimed at developing musical excellence, and

(b)the part is wholly or mainly used to provide such tuition to pupils who follow that curriculum.

(3)Regulations under subsection (1) may (in particular) make provision as to how a part of lands and heritages falling within subsection (2) is to be identified and may provide—

(a)for there to be separate entries in the valuation roll in respect of any part of lands and heritages falling within subsection (2) and the remainder of the lands and heritages,

(b)for the rateable value included in those entries to be determined in accordance with the regulations.

(4)Regulations under subsection (1) may make further provision for or about eligibility for relief.

(5)Regulations under subsection (1)—

(a)may make different provision for different purposes,

(b)may make incidental, supplementary, consequential, transitional, transitory or saving provision.

(6)Regulations under subsection (1) are subject to the negative procedure.

(7)In this section, “public school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.

Commencement Information

I3S. 16 in force at 5.11.2020 by S.S.I. 2020/327, sch.

Prospective

17Charitable relief: independent schoolsS

(1)Section 4 of the 1962 Act (reduction and remission of rates payable by charitable and other organisations) is amended as follows.

(2)In subsection (9) (which provides for certain lands and heritages to be ineligible for reduction or remission of rates), after “1956,” insert “ to lands and heritages which are wholly or mainly used for the purpose of carrying on an independent school other than a school falling within subsection (9A), ”.

(3)After that subsection insert—

(9A)The schools falling within this subsection are—

(a)any independent school all the pupils of which—

(i)are selected on the basis of musical ability or potential, and

(ii)follow a curriculum which includes classes aimed at developing musical excellence,

(b)any independent school which is a special school..

(4)In subsection (10)—

(a)after paragraph (a) insert—

(aa)independent school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980,,

(b)after paragraph (c) insert ,

(d)special school” means a school falling within paragraph (a) of the definition of “special school” in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004..

(5)After subsection (13) insert—

(14)Any reduction or remission of rates in respect of lands and heritages which are wholly or mainly used for the purpose of carrying on an independent school, other than a school falling within subsection (9A), granted under subsection (5) before the day on which section 17 of the Non-Domestic Rates (Scotland) Act 2020 comes into force ceases to have effect on that day..

18Power to reduce or remit rates for certain organisations: guidanceS

In section 4 of the 1962 Act (reduction and remission of rates payable by charitable and other organisations), after subsection (7) insert—

(7A)The Scottish Ministers may issue guidance to rating authorities about the exercise of the powers conferred by subsections (5) to (7) in relation to lands and heritages of the type mentioned in subsection (5)(c).

(7B)A rating authority must have regard to such guidance.

(7C)Guidance under subsection (7A) may be—

(a)general or for particular purposes,

(b)different in relation to different persons or otherwise for different purposes.

(7D)Before issuing guidance under subsection (7A), the Scottish Ministers must—

(a)lay a draft of the proposed guidance before the Scottish Parliament,

(b)consult—

(i)such person or persons as appear to the Scottish Ministers to represent the interests of local authorities, and

(ii)such other persons as they consider appropriate.

(7E)The Scottish Ministers must not issue guidance under subsection (7A) until after a period of 40 days beginning with the day on which the draft guidance was laid before the Parliament under subsection (7D)(a).

(7F)If, within that period, the Parliament resolves that the guidance proposed should not be issued, Ministers must not issue it.

(7G)In calculating any period of 40 days for the purposes of subsection (7E) or (7F) above, no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

(7H)Subsection (7D) is complied with even if the consultation took place, or began, before section 18 of the Non-Domestic Rates (Scotland) Act 2020 comes into force.

(7I)The Scottish Ministers must publish, in such manner as they consider appropriate, any guidance issued under subsection (7A).

(7J)The power to issue guidance under subsection (7A) includes power to revise that guidance (and the references to guidance in subsections (7B) to (7I) include references to such revised guidance)..

Commencement Information

I4S. 18 in force at 5.11.2020 by S.S.I. 2020/327, sch.

Prospective

19Unoccupied propertiesS

(1)The Local Government (Scotland) Act 1966 is amended as follows.

(2)Section 24 (unoccupied lands and heritages) is repealed.

(3)In section 24A (lands and heritages partly unoccupied for a short time)—

(a)in subsection (2), the words “, subject to subsection (4),” are repealed,

(b)subsection (4) is repealed,

(c)in subsection (5), for “, (3)(a), (c) and (d) and (4)” substitute “ and (3)(a), (c) and (d) ”,

(d)subsection (6) is repealed.

(4)In section 24B (certain lands and heritages to be treated as unoccupied)—

(a)in subsection (1)—

(i)for “section 24” substitute “ section 24A ”,

(ii)for “lands and heritages” where it first occurs substitute “ a part of lands and heritages ”,

(iii)for “they” where it first occurs substitute “ the part ”,

(iv)for “lands and heritages” where it second occurs substitute “ part ”,

(v)in paragraph (a), for “lands and heritages when they were” substitute “ part of the lands and heritages when it was ”,

(vi)in paragraph (b), for “lands and heritages” substitute “ part ”,

(b)subsections (2) to (4) are repealed.

(5)In section 25(1) (provisions supplementary to section 24), for “section 24 of this Act” substitute “ any scheme under section 3A of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 which provides for the rates leviable in respect of lands and heritages to be reduced or remitted by virtue of the lands and heritages being unoccupied ”.

(6)The section title of section 25 becomes Newly erected, altered etc. buildings: completion notices.

(7)In schedule 3 (rating of unoccupied property), in paragraph 2—

(a)for “section 24 of this Act” substitute “ any scheme under section 3A of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 which provides for the rates leviable in respect of lands and heritages to be reduced or remitted by virtue of the lands and heritages being unoccupied ”,

(b)in paragraph 5, the words “under section 24 of this Act” are repealed.

20Non-use or underuse of lands and heritages: notificationS

(1)This section applies where the non-domestic rates payable in respect of any lands and heritages are being reduced or remitted for any reason (other than the operation of sections 24A and 24B (rating of unoccupied property) of the Local Government (Scotland) Act 1966).

(2)The local authority to which the rates are or would, but for the reduction or remission, be payable may give a notice to the person who is liable to pay the rates in respect of the lands and heritages (the “ratepayer”) stating that the authority considers that one of the conditions mentioned in subsections (3) and (4) may be satisfied in relation to the lands and heritages.

(3)The condition is that the lands and heritages are not being used.

(4)The condition is that—

(a)the lands and heritages are being used but there is a significant difference between—

(i)the extent to which the lands and heritages are being used, and

(ii)the extent to which they could reasonably be used,

(b)the amount of rates payable in respect of the lands and heritages (after reduction or remission as mentioned in subsection (1)), is less than the amount that would be so payable if the lands and heritages were unoccupied, and

(c)the main reason for the lands and heritages being used to the extent mentioned in paragraph (a)(i), rather than not being used, is to obtain that reduction or remission.

(5)A notice under subsection (2) must—

(a)set out the local authority's reasons for considering that the condition mentioned in subsection (3) or (as the case may be) (4) may be satisfied in relation to the lands and heritages,

(b)invite the ratepayer to provide to the local authority, within the period of 28 days beginning with the date on which the notice is given, an explanation of the extent of the use being made of the lands and heritages and of the reasons for that,

(c)explain the action that the local authority may take in relation to the reduction or remission if the local authority concludes that the condition mentioned in subsection (3) or (as the case may be) (4) is satisfied in relation to the lands and heritages.

(6)Following the expiry of the period mentioned in subsection (5)(b), or on receipt of an explanation from the ratepayer (if sooner), the local authority must—

(a)consider any explanation received from the ratepayer,

(b)decide whether either of the conditions mentioned in subsections (3) and (4) is satisfied in relation to the lands and heritages, and

(c)unless no explanation has been received from the ratepayer, give the ratepayer a further notice stating the conclusion reached under paragraph (b).

(7)Where the local authority concludes that one of the conditions mentioned in subsections (3) and (4) is satisfied in relation to the lands and heritages, the notice given under subsection (6)(c) must also—

(a)explain the reasons for that conclusion, and

(b)explain what action the local authority is taking, or intends to take, in relation to the reduction or remission.

Commencement Information

I5S. 20 in force at 1.4.2021 by S.S.I. 2020/327, sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources