2020 No. 44

Rating And Valuation

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2020
Made
19th February 2020
Laid before the Scottish Parliament
21st February 2020
Coming into force
1st April 2020
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 , section 27(6A) and (6B) of the Local Government etc. (Scotland) Act 1994 and all other powers enabling them to do so.
In accordance with section 6A(1D) of the Valuation and Rating (Scotland) Act 1956 they have consulted such associations of local authorities and such other persons as they think appropriate.
In accordance with 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 and commencement
1
This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2020 and comes into force on 1 April 2020.

Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005
2
1
The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 is amended as follows.
2
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
Axione UK Limited | 08434202
British Telecommunications Public Limited Company | 01800000
Centurylink Communications UK Limited | 02495998
Cityfibre Limited | 09759465
Cogent Communications UK Ltd | 04014628
Daisy Group Holdings Limited | 09162741
EE Limited | 02382161
Entanet International Limited | 03274237
Everything Everywhere Limited | 08263590
Fibrenest Limited | 06962197
Gamma Telecom Ltd | 04340834
Hutchison 3G UK Limited | 03885486
Hyperoptic Ltd | 07222543
Interoute Communications Holdings Limited | 04927540
Interoute Communications Limited | 04472687
Interoute Vtesse Limited | 03900836
JISC | 05747339
JISC Services Limited | 02881024
NEOS Networks Limited | 03477297
NTL Business Limited | 03076222
Oath (UK) Limited | 03462696
Pipex Communications Services Limited | 03059016
Pulsant (Scotland) Limited | SC236128
Sky Home Communications Limited | 05262862
Sky Telecommunications Services Limited | 02883980
SSE Telecommunications Limited | SC213457
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
Zayo Group UK Limited | 03726666.
.
3
After article 9 (powers of assessors), insert—

Entries otherwise than as directed by this Order
9A
1
The entering of lands and heritages in a valuation roll otherwise than as directed by this Order does not affect the validity of the entry or any action taken in consequence of that entry.
2
Where it comes to the attention of the assessor designated to value lands and heritages under article 8 that lands and heritages have not been entered as directed by this Order in the valuation roll for which that assessor is responsible, that assessor must—
a
where the lands and heritages are not entered in the valuation roll for that assessor’s valuation area—
i
make arrangements with the assessor for the valuation area of the roll in which the lands and heritages have been entered for that entry to be altered or removed, and
ii
enter the lands and heritages in the valuation roll as directed by this Order with effect from the same date as the alteration or removal of the other entry takes effect,
b
where the lands and heritages are entered in the valuation roll for that assessor’s valuation area, but are not the subject of a single entry in that roll—
i
alter or remove the entry, and
ii
enter the lands and heritages as directed by this Order with effect from the same date as the alteration or removal of the other entry takes effect.
.
BEN MACPHERSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
19th February 2020

EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 (S.S.I. 2005/127, “the principal Order”).
Article 2(2) replaces a table in the principal Order which details companies to be regarded as “fixed line operators” for the purposes of entries in the valuation roll. The effect is that lands and heritages occupied by those operators are entered as a single entry in the valuation roll, despite being situated in different rating authority areas.
Article 2(3) makes provision for entries that have not been made in accordance with the provisions of the principal Order. It provides that the entry is valid, as is anything done in consequence of it, but requires the assessor designated by the principal Order to arrange to rectify the entry or entries.
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).
1994 c.39. Subsections (6A) and (6B) were inserted by section 32(2)(a) of the 2003 Act.
Section 6A(1D) was inserted by section 32(1)(b) of the 2003 Act.
Section 27(6D) was inserted by section 32(2)(a) of the 2003 Act.
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, S.S.I. 2017/42, S.S.I. 2019/42, S.S.I. 2019/45 and S.S.I 2019/77.