The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2021

Scottish Statutory Instruments

2021 No. 59

Rating And Valuation

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2021

Made

2nd February 2021

Laid before the Scottish Parliament

4th February 2021

Coming into force

1st April 2021

The Scottish Ministers make the following Order in exercise of the powers conferred by section 6A(1)(aa) and (1B) of the Valuation and Rating (Scotland) Act 1956(1) and all other powers enabling them to do so.

In accordance with section 6A(1D) of the Valuation and Rating (Scotland) Act 1956(2) they have consulted such associations of local authorities and such other persons as they think appropriate.

Citation and commencement

1.  This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2021 and comes into force on 1 April 2021.

Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005

2.—(1) The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005(3) is amended as follows.

(2) In the table forming part of article 7A(2) (fixed line telecommunications)(4)—

(a) omit the entry in the first column (Company Name) for “Everything Everywhere Limited” and the corresponding registration number in the second column (Registration Number) “08263590”,

(b) omit the entry in the first column for “Interoute Vtesse Limited” and the corresponding registration number in the second column “03900836”,

(c) omit the entry in the first column for “Oath (UK) Limited” and the corresponding registration number in the second column “03462696”,

(d) after the entry for “Gamma Telecom Ltd” insert in the first column “Grain Communications Limited” with the respective corresponding registration number in the second column “07308930”, then insert in the first column “Grain Connect Limited” with the respective corresponding registration number in the second column “10285348”,

(e) after the entry for “NTL Business Limited” insert in the first column “Open Fibre Networks Limited” with the corresponding registration number in the second column “05412813”,

(f) after the entry for “Sky Home Communications Limited” insert in the first column “Sky Telecommunications Limited” with the corresponding registration number in the second column “05349163”.

KATE FORBES

A member of the Scottish Government

St Andrew’s House,

Edinburgh

2nd February 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 (“the principal Order”).

Article 2(2) deletes from a table in the principal Order companies no longer to be regarded as “fixed line operators” for its purposes and inserts companies that are to be regarded as such operators. The effect of being such an operator is that lands and heritages occupied by those operators are entered as a single entry in the valuation roll for Renfrewshire, despite being situated in different rating authority areas.

(1)

1956 c.60. Section 6A was inserted by section 161 of the Local Government etc. (Scotland) Act 1994 (c.39) and subsections (1)(aa) and (1B) were inserted by section 32(1) of the Local Government in Scotland Act 2003 (asp 1) (“the 2003 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

Section 6A(1D) was inserted by section 32(1)(b) of the 2003 Act.

(3)

S.S.I. 2005/127, amended by S.S.I. 2005/320, S.S.I. 2009/196, S.S.I. 2010/78, S.S.I. 2011/75, S.S.I. 2013/36, S.S.I. 2014/64, S.S.I. 2015/50, S.S.I. 2017/42, S.S.I. 2019/42, S.S.I. 2019/45, S.S.I. 2019/77 and S.S.I. 2020/44.

(4)

Article 7A was inserted by S.S.I. 2010/78 and amended by S.S.I. 2020/44. There are other amendments that are not relevant to this Order.