2001 No. 114

WATER SUPPLY

The Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2001

Made

Laid before Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by section 81 of the Local Government etc. (Scotland) Act 19941 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent1

1

These Regulations may be cited as the Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2001 and shall come into force on 1st April 2001.

2

These Regulations extend to Scotland only.

Interpretation2

In these Regulations–

  • “the 1992 Act” means the Local Government Finance Act 19922;

  • “the 1994 Act” means the Local Government etc. (Scotland) Act 1994;

  • “charges scheme” has the same meaning as in Part II of the 1994 Act;

  • “council tax” has the same meaning as in Part II of the 1992 Act;

  • “council tax benefit” has the same meaning as in Part VII of the Social Security Contributions and Benefits Act 19923;

  • “dwelling” has the same meaning as in Part II of the 1992 Act;

  • “new water and sewerage authority” has the same meaning as in Part II of the 1994 Act;

  • “sewerage charges” means charges payable under a charges scheme in respect of the provision of sewerage services to a dwelling in the relevant year;

  • “the relevant year” means the period of 12 months beginning on 1st April 2001;

  • “water charges” means charges payable under a charges scheme in respect of the provision of water supply services to a dwelling in the relevant year.

Reduction of Charges3

Where a person is, under a charges scheme, liable to pay an amount–

a

in respect of the provision of water supply services or sewerage services or both by a new water and sewerage authority to a dwelling in the relevant year, and

b

the amount is payable to a local authority by virtue of the Water Services Charges (Billing and Collection) (Scotland) Order 19984,

the amount payable in respect of the relevant year shall be less than it would be but for these regulations and shall be reduced by the amount calculated in accordance with regulation 4 below.

Amount of Charges4

1

Where regulation 3 above applies, the amount of the reduction shall be calculated in accordance with the following formula–

R=AB×(C-(DE×F×G365))math

2

In paragraph (1) above —

  • “B” is the council tax for which that person is liable in respect of that dwelling in respect of the relevant year;

  • “C” is the amount that person is liable to pay in respect of that dwelling in respect of the relevant year under a charges scheme, net of any discounts, exemptions and reliefs applicable under that scheme, for water charges or sewerage charges or both in respect of services actually received;

  • “D” is the amount that person would be liable to pay in respect of that dwelling in respect of the relevant year under a charges scheme, if none of the discounts, exemptions and reliefs under that scheme were applicable, for water charges or sewerage charges or both in respect of services actually received;

  • “E” is the maximum potential charge which could be made by the new water and sewerage authority in respect of that dwelling in respect of the relevant year for water supply and sewerage services which could be received in respect of that dwelling;

  • “F” is £180;

  • “G” is the number of days in the relevant year for which that person is liable for council tax in respect of that dwelling; and

  • “R” is the amount of the reduction.

3

In any case where R is zero or less, it shall be treated as zero.

SAM GALBRAITHA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations provide for reductions in water and sewerage charges in Scotland from 1st April 2001 until 31st March 2002 (“the relevant year”).

Regulations 3 and 4 make provision for a reduction in the water and sewerage charges due to a local authority for those in receipt of council tax benefit. The reduction applies to charges in a range from a threshold of £180 to the charges payable for properties in council tax Band E. There is no provision for reductions in charges that are due in the relevant year which fall either below £180 or above the Band E level. Within that range the Regulations provide that the proportion of the water and sewerage charge liability above the threshold attracts relief proportionate to council tax benefit received by virtue of the Social Security Contributions and Benefits Act 1992.