Coronavirus (Scotland) Act 2020

Business improvement districts: extension of certain arrangements

31 (1) This paragraph applies to BID arrangements if—

(a) they are in force on the day on which this paragraph comes into force, and

(b) on that day, the period specified in the arrangements as the period for which they are in force is due to end on a date (“the current expiry date”) that is before 31 March 2021.

(2) But this paragraph does not apply to those BID arrangements if—

(a) a ballot for the renewal of the arrangements has taken place in accordance with section 45(2) of the 2006 Act before the day on which this paragraph comes into force, and

(b) the result of the ballot is that the renewal of the arrangements is approved.

(3) BID arrangements to which this paragraph applies are to be read as if—

(a) the period specified in the arrangements as the period for which they are in force ended on 31 March 2021,

(b) the arrangements specified a chargeable period (“the 2021 chargeable period”)—

(i) beginning on the day after the current expiry date, and

(ii) ending on 31 March 2021,

(c) the arrangements provided for the amount of BID levy chargeable for the 2021 chargeable period—

(i) to be calculated in the same manner as for the last chargeable period, and

(ii) to be apportioned on a just and reasonable basis, where the 2021 chargeable period is not the same length as the last chargeable period, and

(d) the description of eligible ratepayers and any eligible other persons specified in the arrangements as liable for BID levy for the 2021 chargeable period were the same as that specified for the last chargeable period.

(4) For the purpose of sub-paragraph (3), “the last chargeable period” is the last chargeable period specified in the BID arrangements to end on or before the current expiry date.

(5) The requirement in section 45(1) of the 2006 Act that the period for which BID arrangements have effect may not exceed 5 years does not apply to BID arrangements to the extent that the period specified in the arrangements is to be read as being extended by virtue of sub-paragraph (3)(a).

(6) Nothing in this paragraph prevents the termination or alteration of BID arrangements in accordance with regulations under section 45(4) of the 2006 Act.

(7) In this paragraph—

• “the 2006 Act” means the Planning etc. (Scotland) Act 2006,

• “the 2021 chargeable period” has the meaning given in sub-paragraph (3)(b),

• “BID arrangements” has the same meaning as it has in Part 9 of the 2006 Act,

• “BID levy”, “chargeable period”, “eligible ratepayer” and “eligible other person” have the same meaning as they have in the Planning etc. (Scotland) Act 2006 (Business Improvement Districts Levy) Order 2007 (S.I. 2007/772),

• “the last chargeable period” has the meaning given in sub-paragraph (4).