Scottish Statutory Instruments
Rating And Valuation
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
M11956 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).
M2Section 6A(1D) was inserted by section 32(1)(b) of the 2003 Act.
Prospective
Valid from 01/04/2019
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
I1Art. 1 in force at 1.4.2019, see art. 1
Valid from 01/04/2019
2. The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 M3 is amended in accordance with articles 3 to 6.
Commencement Information
I2Art. 2 in force at 1.4.2019, see art. 1
Marginal Citations
M3S.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.
Valid from 01/04/2019
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
I3Art. 3 in force at 1.4.2019, see art. 1
Valid from 01/04/2019
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
I4Art. 4 in force at 1.4.2019, see art. 1
Valid from 01/04/2019
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
I5Art. 5 in force at 1.4.2019, see art. 1
Valid from 01/04/2019
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 | [F102495998] |
| 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 |
| [F4Sky Telecommunications Services Limited] | 02883980 |
| Smallworld Cable Limited | 05679836 |
| SSE Telecommunications Limited | SC213457 |
| [F5Talktalk 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
F1Word 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5Words 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
I6Art. 6 in force at 1.4.2019, see art. 1
DEREK MACKAY
A member of the Scottish Government
St Andrew's House,
Edinburgh
(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.