The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2019

Scottish Statutory Instruments

2019 No. 45

Rating And Valuation

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2019

Made

14th February 2019

Laid before the Scottish Parliament

18th February 2019

Coming into force

1st April 2019

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 M1 and all other powers enabling them to do so.

In accordance with section 6A(1D) that Act M2 they have consulted such associations of local authorities and such other persons as they think appropriate.

Marginal Citations

M1 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).

M2 Section 6A(1D) was inserted by section 32(1)(b) of the 2003 Act.

Citation and commencement S

1.  This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2019 and comes into force on 1 April 2019.

Commencement Information

I1 Art. 1 in force at 1.4.2019, see art. 1

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

2.  The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 M3 is amended in accordance with articles 3 to 6.

Commencement Information

I2 Art. 2 in force at 1.4.2019, see art. 1

Marginal Citations

M3 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 and S.S.I. 2017/42.

3.  For article 2(1)(b)(ii) (electricity generation) substitute—

“(ii) the primary source of energy in such generation is biomass, the use of wind, wave, water, tidal or solar power, or the burning of refuse.”.

Commencement Information

I3 Art. 3 in force at 1.4.2019, see art. 1

4.  In the definition of “a Company” in article 3(2) (electricity transmission and distribution), in sub-paragraph (b)(iii) for “SP Transmission Limited” substitute “ SP Transmission PLC ”.

Commencement Information

I4 Art. 4 in force at 1.4.2019, see art. 1

5.  In the definition of “Company” in article 4(3) (gas), omit “at the date of this Order” in both places where it occurs.

Commencement Information

I5 Art. 5 in force at 1.4.2019, see art. 1

6.  For article 7A(2) (fixed line telecommunications) substitute—

“(2) A “fixed line operator”, for the purposes of this article, is any of the companies registered with the following names and registration numbers—

Company name	Registration number
AtlasConnect Limited	SC241790
British Telecommunications Public Limited Company	01800000
Cityfibre Limited	09759465
Centurylink Communications UK Limited	[F1 02495998]
Easynet Limited	02954343
Entanet International Limited	03274237
Everything Everywhere Limited	08263590
Gamma Telecom Ltd	04340834
GEO Networks Limited	04614924
Hutchison 3G UK Limited	03885486
JISC	05747339
JISC Services Limited	02881024
NEOS Networks Limited	03477297
NTL Business Limited	03076222
Oath (UK) Limited	03462696
F2 . . .	F2 . . .
F3 . . .	F3 . . .
Pipex Communications Services Limited	03059016
Pulsant (Scotland) Limited	SC236128
Sky Home Communications Limited	05262862
[F4 Sky Telecommunications Services Limited]	02883980
Smallworld Cable Limited	05679836
SSE Telecommunications Limited	SC213457
[F5 Talktalk Communications Limited]	03849133
Telefonica UK Limited	01743099
Thus Group Holdings Limited	SC192666
Tiscali UK Limited	03408171
Verizon UK Limited	02776038
Virgin Media Limited	02591237
Vodafone Enterprise U.K.	01541957
Vodafone Limited	01471587
Interoute Vtesse Limited	03900836.”.

Textual Amendments

F1 Word in art. 6 substituted (31.3.2019) by The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(a)

F2 Words in art. 6 omitted (31.3.2019) by virtue of The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(b)

F3 Words in art. 6 omitted (31.3.2019) by virtue of The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(c)

F4 Words in art. 6 substituted (31.3.2019) by The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(d)

F5 Words in art. 6 substituted (31.3.2019) by The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No. 2) Order 2019 (S.S.I. 2019/77), arts. 1, 2(2)(e)

Commencement Information

I6 Art. 6 in force at 1.4.2019, see art. 1

DEREK MACKAY

A member of the Scottish Government

St Andrew's House,

Edinburgh

Explanatory Note

(This note is not part of the Order)

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

The amendments relate to specified lands and heritages which are to be treated as if they justify only one entry in a single valuation roll, despite being situated in areas covered by different rolls. Mostly, they update references to operators in the 2005 Order.

Article 3 amends the 2005 Order to add solar power and biomass as primary sources of energy in the generation of electricity, for the purpose of identifying persons carrying on undertakings to whom that Order applies.

Article 5 omits unnecessary references in the 2005 Order to the date of registration of companies.

Article 6 replaces a table which details companies to be regarded as “fixed line operators” for the purposes of entry in a single valuation roll. Article 6 also, like article 5, omits an unnecessary reference in the 2005 Order to the date of registration of companies, by not including such a reference in the text it substitutes into the 2005 Order.