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The Planning etc. (Scotland) Act 2006 (Business Improvement Districts Levy) Order 2007
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Apportionment of liability between persons
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6.—(1) This article applies in respect of BID arrangements where the persons liable for BID levy include both eligible ratepayers and eligible other persons.
(2) BID proposals shall specify the apportionment of BID levy in respect of relevant properties as between descriptions of eligible persons specified in accordance with article 5(1) and such apportionment shall be the same for each relevant property in the business improvement district but may be different from the apportionment applied in respect of a different business improvement district.
(3) Unless and until the Scottish Ministers issue a notice in accordance with paragraph (4), apportionment of BID levy shall be as provided for in the BID arrangements.
(4) In respect of all relevant properties within a business improvement district or proposed district, the Scottish Ministers may issue, to the local authority within whose area that district is situated, a notice in writing which apportions the liability for BID levy between the eligible ratepayer and the eligible other person upon a percentage basis (adding up to 100 per cent).
(5) Such apportionment will be the same for each relevant property within a business improvement district, but may be different in respect of different BID arrangements.
(6) Such apportionment shall take effect from the date of the notice of apportionment or such later date as may be specified in the notice.
(7) The Scottish Ministers may vary or revoke a notice issued in accordance with paragraph (4), by issuing to the local authority within whose area the district or proposed district is situated, a further notice in writing to that effect.
(8) The Scottish Ministers shall take such steps as they consider expedient to inform other persons, including the persons who have drawn up BID proposals, of the effect of any notice issued in accordance with paragraph (4) or (7).
(9) The billing body shall give effect to a notice issued in terms of paragraph (4) or (7).
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