The Mines and Quarries (Rateable Values) (Scotland) Order 1995

Made15th February 1995

Coming into force1st April 1995

The Secretary of State, in exercise of the powers conferred on him by sections 6, 35 and 37(1) of the Local Government (Scotland) Act 19751 and of all other powers enabling him in that behalf, and after consultation with such associations of local authorities, and of persons carrying on undertakings, as appeared to him to be concerned, and with such local authorities, persons, or associations of persons with whom consultation appeared to him to be desirable, all in accordance with section 6(4) of the said Act, hereby makes the following Order, a draft of which has been laid before and has been approved by resolution of each House of Parliament:

Citation and commencement1

This Order may be cited as the Mines and Quarries (Rateable Values) (Scotland) Order 1995 and shall come into force on 1st April 1995.

Interpretation2

In this Order, unless the context otherwise requires—

“the 1954 Act” means the Mines and Quarries Act 19542;
“the 1956 Act” means the Valuation and Rating (Scotland) Act 19563;
“the 1975 Act” means the Local Government (Scotland) Act 1975;
“mine” and “quarry” have the same meanings as in the 1954 Act but include a well or bore hole or a well and bore hole combined;
“net annual value” has the same meaning as in section 6(8) of the 1956 Act4;
“prescribed class of lands and heritages” means the class of lands and heritages prescribed for the purposes of section 6(1) of the 1975 Act in article 3 of this Order;

and any other expression which is used in this Order which is also used in the 1954 Act shall have the same meaning as in that Act.

Prescribed class of lands and heritages3

The following class of lands and heritages is hereby prescribed for the purposes of section 6(1) of the 1975 Act, namely any lands and heritages in Scotland—

a

i

which consist of or include a mine or quarry; or

ii

the whole or any part of which is occupied together with a mine or quarry in connection with its working, or the treatment, preparation, storage or removal of its minerals or products of its minerals or the removal of its refuse; and

b

any part of which (other than buildings, plant and machinery, roads, shafts or adits and other works) is occupied for the purpose of winning and working, grading, washing, grinding and crushing of minerals.

Rateable value4

For the purposes of section 6(1) of the 1975 Act, the rateable value of any lands and heritages which fall within the prescribed class of lands and heritages shall be ascertained in accordance with the formula—

(A \times \frac{50}{100}) + B

where—

A is that part of the net annual value of the lands and heritages attributable to those parts of the lands and heritages (other than buildings, plant and machinery, roads, shafts or adits and other works) occupied for the purpose specified in article 3(b) above; and
B is the total net annual value of the lands and heritages, less A.

Amendment of enactments

5

The following amendments shall be made to the enactments specified in articles 6 and 7 below in their relation to the valuation of the prescribed class of lands and heritages.

6

In section 6(1) of the 1956 Act5, after the words “this Act”, there shall be inserted the words “and to any Order made by the Secretary of State under section 6 of the Local Government (Scotland) Act 1975”.

7

1

Section 2(1)(c) of the 1975 Act shall be amended by inserting at the end the following:—

iii
upon their ceasing to be lands and heritages within the class of lands and heritages prescribed in the Mines and Quarries (Rateable Values) (Scotland) Order 1995 (hereinafter in this Act referred to as “the 1995 Order”);

2

After paragraph (g) of section 2(1) of that Act, there shall be inserted the following paragraph:—

gg
by entering therein any lands and heritages within the class of lands and heritages prescribed in the 1995 Order together with the rateable value thereof as ascertained in accordance with article 4 of that Order;

3

In section 2(2)(a) of that Act, after the words “subsection (1)(a)” there shall be inserted the words “or (gg)”.

Revocation8

The Mines and Quarries (Rateable Values) (Scotland) Order 19946 is hereby revoked.

George KynochParliamentary Under Secretary of State, Scottish OfficeSt. Andrew’s House,Edinburgh15th February 1995

(This note is not part of the Order)

This Order makes provision for the valuation for the financial year 1995-96 and subsequent financial years of certain mines and quarries in Scotland (“the prescribed class”) (article 3).

It provides (at article 4) that the rateable value of any lands and heritages which fall within the prescribed class should be an amount produced by deducting from their total net annual value 50% of the net annual value attributable to certain parts used for winning and working, grading, washing, grinding and crushing of minerals.

The Order also amends certain enactments relating to the valuation of the prescribed class and revokes the Order for financial year 1994-95 concerning certain mines and quarries (articles 5 to 8).