Section 40 of the Planning etc. (Scotland) Act 2006 provides for 4 conditions that require to be satisfied before Business Improvement District (“BID”) proposals are to be regarded as approved by a ballot. The second condition is that “A” exceeds “B”. These Regulations define the meaning of “A” and “B” in the case of a ballot that follows the submission of a statement which specifies entitlement to vote in accordance with sub paragraph (ii) of section 39(3)(a) of the 2006 Act. This relates to BID proposals where both eligible ratepayers and other eligible persons (eligible owners and tenants) are entitled to vote in the ballot.

Regulation 3 defines the steps by which “A” and “B” will be calculated in the case of such a ballot. Where a ballot only involves eligible ratepayers voting, the meaning of “A” and “B” is provided for in section 40(7) and (8) of the Planning etc. (Scotland) Act 2006.