This Scottish Statutory Instrument has been made in consequence of defects in S.S.I. 2010/38 and is being issued free of charge to all known recipients of that instrument.
2010 No. 78
Rating And Valuation

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2010

Made
Laid before the Scottish Parliament
Coming into force
Article 6
Article 5
Remainder
The Scottish Ministers make the following Order in exercise of the powers conferred by section 6A(1)(aa) of the Valuation and Rating (Scotland) Act 19561 and section 27(6A), (6B) and (6C) of the Local Government etc. (Scotland) Act 19942 and all other powers enabling them to do so.
In accordance with section 6A(1D) of the Valuation and Rating (Scotland) Act 19563 and section 27(6D) of the Local Government etc. (Scotland) Act 1994 they have consulted such associations of local authorities and such other persons as they think appropriate.

Citation

1.

This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2010.

Commencement

2.

Article 6 comes into force on 30th March 2010.

3.

Article 5 comes into force on 31st March 2010.

4.

All other articles come into force on 1st April 2010.

Revocations

5.

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 20094 is revoked.

6.

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 20105 is revoked.

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

7.

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 20056 is amended in accordance with articles 8 and 9.

Fixed Line Telecommunications

8.

After article 7 (railways) insert—

“Fixed Line Telecommunications7A.

(1)

Any lands and heritages which would (apart from this Order) be treated as justifying separate entries in two or more valuation rolls shall be treated for all purposes of the Valuation Acts as justifying only one entry in the valuation roll for Renfrewshire in respect of each fixed line operator if they are—

(a)

occupied by that fixed line operator; and

(b)

occupied by posts, wires, fibres, cables and ducts, telephone kiosks, towers, masts, switching equipment or other equipment, or by servitudes or wayleaves, being property used by that fixed line operator wholly or mainly for the purposes of monitoring, processing or transmission of communications signals for the provision of telecommunications services.

(2)

A “fixed line operator” for the purposes of this article, is any of the companies registered at the date of this Order with the following names and registration numbers:

Company name

Registration number

AOL (UK) Limited

03462696

AtlasConnect Limited

SC241790

Be Un Limited

05262862

British Telecommunications Public Limited Company

01800000

Cable and Wireless Public Limited Company

00238525

Easynet Limited

02954343

Entanet International Limited

03274237

Gamma Telecom Ltd

04340834

GEO Networks Limited

04614924

Global Crossing (UK) Telecommunications Limited

02495998

Lumison Limited

SC236128

NEOS Networks Limited

03477297

NTL Business Limited

03076222

Opal Telecom Limited

03849133

Orange Limited

03110666

Pipex Broadband Limited

03137499

Pipex Communications Services Limited

03059016

Smallworld Cable Limited

05679836

SSE Telecommunications Limited

SC213457

Telefónica O2 UK Limited

01743099

The JNT Association

02881024

Thus Group Holdings plc

SC192666

Tiscali UK Limited

03408171

Verizon UK Limited

02776038

Virgin Media Limited

02591237

Vtesse Networks Limited

03900836.”.

9.

(1)

At the end of column 1 in the Schedule (designated assessors for the valuation of utilities) insert a new entry “Assessor for the Renfrewshire Valuation Joint Board”.

(2)

At the end of column 2 in the Schedule insert a new entry “The lands and heritages specified in article 7A (Fixed Line Telecommunications).”.

JOHN SWINNEY
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order revokes two earlier orders, which are not yet in force, both amending the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 (“the 2005 Order”). The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2010 (“the 2010 Order”) was made to replace the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009 (“the 2009 Order”) in order to add three new fixed line operators to the table forming part of article 7A(2) to be inserted into the 2005 Order.

This Order incorporates those amending provisions in the earlier orders and is necessary to make minor changes to the table.

Article 5 revokes the 2009 Order and comes into force on 31st March 2010.

Article 6 revokes the 2010 Order and comes into force on 30th March 2010.

The amending provisions in articles 7, 8 and 9 come into force on 1st April 2010.

Article 8 specifies the lands and heritages to be valued within the fixed line telecommunications industry, where these are occupied by a specified fixed line telecommunication operator. Where these lands and heritages would otherwise be treated as justifying separate entries in two or more valuation rolls, they are to be treated as justifying one entry in the valuation roll for Renfrewshire in respect of each operator.

The effect is that one assessor is designated to value all lands and heritages covered by this Order. That assessor has the powers of the assessors for the local valuation areas. Any appeals would be heard by the Renfrewshire joint board’s valuation appeal committee.