Republika Srbija, Prevremeni parlamentarni izbori, 24. aprila 2016: Konačni izveštaj
The assessor for each valuation area shall, in respect of each year of revaluation, make up a valuation roll in the prescribed form which shall come into force on the first day of the year of revaluation.
Subject to any alterations to the valuation roll made under this section and section 2 of this Act, every valuation roll . . .shall remain in force until it is superseded by a new valuation roll.
The assessor for each valuation area shall—
make such arrangements as may be necessary to secure the valuation or revaluation of all lands and heritages in the area in respect of each year of revaluation in accordance with the Valuation Acts; . . .
submit such arrangements to the Secretary of State who may . . . approve the same with or without modifications; and
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Subject to section 35 of the Lands Valuation (Scotland) Act 1854, the assessor for each valuation area shall retain the valuation roll and shall deliver sufficient copies thereof to the rating authority for the area.
Subsection (3B) applies where the assessor and the proprietor, tenant or occupier of lands and heritages have reached an agreement in writing as to the details to be included in the entry in the valuation roll for the lands and heritages (whether that agreement was reached before or after the draft valuation roll was published under section 1B(1)).
Every rating authority shall, when copies of the valuation roll have been delivered to them, cause copies to be open to inspection until the roll ceases to be in force during ordinary business hours at their office or at such other convenient place or places as they may appoint.
The assessor must include those details in the entry for the lands and heritages, unless, since the agreement was reached, there has been an alteration in the value of the lands and heritages due to a material change of circumstances.
The assessor for any valuation area may as respects that area, at any time after the valuation roll has been made up and before the roll has come into force, alter the roll—
by entering therein any lands and heritages which were in existence at the time when the roll was made up and which, owing to error, were not included therein;
by entering therein any lands and heritages which have come into existence or occupancy since the roll was made up;
to give effect to any alteration in the value of any lands and heritages which is due to a material change of circumstances;
to correct any error of measurement, survey or classification or any clerical or arithmetical error in any entry therein;
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Subject to subsection (2) below, the assessor for any valuation area shall, as respects that area, at any time while the valuation roll is in force, alter the roll— and may so alter the roll to give effect to any change in the proprietorship, tenancy or occupancy of any lands and heritages.
by entering therein any lands and heritages which were in existence at the time when the roll was made up and which, owing to error, were not included therein or which, being still in existence, have been erroneously deleted from the roll under paragraph (h) below;
by entering therein any lands and heritages which have come into existence or occupancy since the roll was made up;
by entering therein any lands and heritages—
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upon their coming within the assessor’s valuation area as a result of a change of the boundaries of valuation areas;
upon their ceasing to be lands and heritages within the class of lands and heritages prescribed in the Water Undertakings (Rateable Values) (Scotland) Order 2003 (hereinafter in this Act referred to as “the 2003 Order”);
to give effect to any alteration in the value of any lands and heritages (other than lands and heritages within the class of lands and heritages prescribed in the 2003 Order) which is due to a material change of circumstances;
to give effect to any alteration in the net annual value or the rateable value of any lands and heritages in consequence of —
the making of an order . . . , under section 1(1) of the Valuation for Rating (Scotland) Act 1970; or
the making of regulations under section 42 of the Lands Valuation (Scotland) Act 1854;
to correct any error of measurement, survey or classification or any clerical or arithmetical error in any entry therein;
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by deleting therefrom, with effect from such date as the assessor thinks fit, any lands and heritages which cease to exist or which, for any other reason, are no longer appropriate for inclusion in the roll
by entering therein, in relation to Scottish Water, any lands and heritages within the class of lands and heritages prescribed in the 2003 Order together with the rateable values prescribed and apportioned in accordance with that Order;
consisting of an entry made under subsection (1)(a) or (ff) above, shall have effect only as from the beginning of the year in which the entry is made;
consisting of an entry made under subsection (1)(b) above, shall have effect only as from the date when the lands and heritages to which the entry relates came into existence or occupancy, or as from the beginning of the year in which the entry is made, whichever is the later;
made under subsection (1)(d) above, shall . . . have effect only as from the date of the event by reason of which the alteration is made or as from the beginning of the year in which the alteration is made, whichever is the later:
consisting of such a correction as is referred to in subsection (1)(f) above shall , subject to section 20 of the Local Government (Financial Provisions) (Scotland) Act 1963, have effect only as from the date when the erroneous entry which is so corrected was made in the role or as from the beginning of the year in which the correction is made, whichever is the later;
Subject to subsection (2)(cc) below, the assessor for any valuation area shall, as respects that area, alter the roll to give effect to any decision following
a proposal being made under section 3ZA(1), or
an appeal or complaint under the Valuation Acts to a court or tribunal and such alteration shall have effect from such date as shall be determined by the court, tribunal or committee.
Where, at any time before an appeal or complaint against an entry in the valuation roll is determined by the First-tier Tribunal for Scotland or by the Upper Tribunal for Scotland, the parties reach agreement as to what should be done about the entry, the assessor may without further procedure make such alteration in the roll as is necessary to give effect to the agreement.
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Where an appeal has been made to the First-tier Tribunal for Scotland in relation to the entry, subsection (3) applies only if the appeal has been withdrawn.
The assessor for each valuation area must, when making up or altering a valuation roll, enter separately any— that area.
shootings relating to,
deer forests, in so far as situated in,
The assessor shall, upon making an alteration in the valuation roll under section 1(6) or 2(1) (1A) or (3) of this Act or upon deleting lands and heritages therefrom in pursuance of section 1(2) of the Valuation and Rating (Exempted Classes) (Scotland) Act 1976, send to the rating authority a copy of the relevant entry in the roll or, as the case may be, notification of deletion of the relevant lands and heritages from the roll.
The assessor for each valuation area shall send to each person who is a proprietor, tenant or occupier of lands and heritages which are included in the valuation roll a notice in the prescribed form setting forth the details of the relevant entry in the roll (including such an entry as is referred to in subsection (1) above . . .)...
The assessor shall, upon altering the valuation roll by deleting lands and heritages therefrom, notify each person named in the roll as proprietor, tenant or occupier of those lands and heritages of the deletion.
A notice under subsection (2)—
must include such information in relation to the rateable value included in the entry to which the notice relates as the Scottish Ministers may specify in regulations,
may include such other information as the assessor considers appropriate.
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The assessor may send a notice under subsection (2) by electronic means if—
the assessor and the recipient of the notice have, before the notice is sent, agreed in writing that the assessor may send such a notice to the recipient by transmission to an electronic address and in an electronic form specified by the recipient for that purpose, and
the notice is sent to that address in that form.
Any person interested may at all reasonable times, free of charge, inspect and take copies of and extracts from any valuation roll prepared under the Valuation Acts and in the possession of the assessor; and an assessor shall, on an application made to him by any interested person, inform that person whether any entry in the valuation roll is subject to a pending proposal under section 3ZA(1), appeal or complaint.
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Regulations under subsection (2ZA)(a)—
may make different provision for different purposes,
may make incidental, supplementary, consequential, transitional, transitory or saving provision.
Regulations under subsection (2ZA)(a) are subject to the negative procedure.
Before making up a valuation roll under section 1(1), an assessor must—
publish a draft of the roll, and
send a draft valuation notice to each person who is a proprietor, tenant or occupier of lands and heritages entered in the draft valuation roll.
A draft valuation notice is a notice setting out—
the details included in the entry for the lands and heritages in the draft valuation roll,
the effect of subsections (3) and (4), and
such other information as—
the Scottish Ministers may specify in regulations, or
the assessor considers appropriate.
A person who receives a draft valuation notice may make representations to the assessor as to the details to be included in the entry for the lands and heritages in the valuation roll when it is made up under section 1(1).
When the assessor makes up the valuation roll under section 1(1), the assessor may include details in an entry for lands and heritages which are different to those included in the entry for the lands and heritages in the draft valuation roll, whether as a result of representations made under subsection (3) or otherwise (but see also section 1(3A) and (3B)).
Regulations under subsection (2)(c)(i)—
may make different provision for different purposes,
may make incidental, supplementary, consequential, transitional, transitory or saving provision.
Regulations under subsection (2)(c)(i) are subject to the negative procedure.
For the purpose of hearing and determining appeals and complaints under the Valuation Acts, a committee or committees, each of which is to be known as a valuation appeal' committee, shall be constituted for each valuation area in accordance with a scheme (" the model scheme ") made by the Secretary of State.
A valuation appeal committee shall consist of members of a local valuation panel constituted in accordance with the model scheme and members of the panel shall be appointed by the sheriff after consultation with such persons as he thinks fit.
The model scheme may include provision with respect to—
fixing the maximum and minimum number of members of a local valuation panel and the termination of their appointment;
the appointment of—
one of those members as chairman of the panel,
such number of members as the sheriff considers necessary as deputy chairmen thereof, and
a secretary and, if the sheriff considers it necessary, an assistant secretary or assistant secretaries of the panel;
fixing the number of valuation appeal committees, the maximum and minimum number of members of such a committee and specifying the circumstances in which such maximum number may be exceeded;
the manner in which members of a valuation appeal committee are to be selected from members of the panel;
any other matter as appears to the Secretary of State to be necessary or expedient for the purpose of the administration of the model scheme in any valuation area.
The remuneration and allowances to be paid to the secretary and any assistant secretary of the panel and their conditions of employment shall be such as may be agreed between the valuation authority and the sheriff or, failing agreement, as may be determined by the Secretary of State.
All expenses incurred by a local valuation panel or a valuation appeal committee shall be defrayed by the valuation authority.
All members of a local valuation panel shall reside or be engaged in business or be employed in the valuation area; and no person appointed as the secretary or an assistant secretary of a panel shall be an officer of a local authority or shall by himself or by any partner or assistant appear before a valuation appeal committee for that area.
A valuation authority may pay reasonable subscriptions, whether annually or otherwise, to the funds of any association of members or officers of local valuation panels or valuation appeal committees formed for the purpose of consultation as to the common interests of those panels or committees and the discussion of matters relating to valuation.
The model scheme shall be contained in an order and the scheme may with the consent of the Secretary of State be varied as respects any valuation area by the valuation authority ; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The provisions of the Valuation Acts with regard to appeals and complaints shall, with any necessary modifications, apply to a committee constituted under this section in like manner as they applied before 16th May 1957 to a court of appeal constituted under those Acts.
In this section " sheriff " means the sheriff principal and, in the case of a valuation area situated in more than one sheriffdom, means the sheriff principal of such one of those sheriffdoms as the Secretary of State may direct.
The Assessor shall—
in respect of each year of revaluation value or revalue all lands and heritages which he is required under any enactment to value;
value any lands and heritages which—
were in existence when he made his valuation under paragraph (a) above and which, owing to error, were not included in that valuation and which he is required under any enactment to value,
have come into existence since he made his valuation under paragraph (a) above and which he is required under any enactment to value,
were in existence when he made his valuation under paragraph (a) above but which by or under an enactment have first fallen to be valued by the Assessor since he made such valuation ;
value any lands and heritages which—
were in existence on 16th May 1975 and which, owing to error, were not included in the roll made up by the Assessor for the year 1975-76 and which he is required under any enactment to value,
have come into existence at any time between 16th May 1975 and the beginning of the first year of revaluation thereafter and which he is required under any enactment to value,
were in existence on 16th May 1975 but which by or under an enactment have first fallen to be valued by the Assessor at any time between that date and the beginning of the first year of revaluation thereafter.
The Assessor shall direct the assessor for any valuation area (" the local assessor ") containing any lands and heritages which the Assessor has valued or revalued under subsection (1) above to enter those lands and heritages in the valuation roll: Provided that, where by reason of a material change of circumstances or in consequence of the making of an order under section 10(2) of the Local Government (Financial Provisions) (Scotland) Act 1963 there has been an alteration in the rateable value of any lands and heritages referred to in this subsection after they have been entered in the valuation roll, the Assessor shall give a further direction to the local assessor to enter the altered value of such lands and heritages in the valuation roll.
Any direction under this section shall state the rateable value of the lands and heritages to which it relates and give such other particulars as may be prescribed.
Any entry made in the valuation roll—
where the valuation has been made under subsection (1)(b)(i) or (c)(i) above, shall have effect only as from the beginning of the year in which the entry is made;
where the valuation has been made under subsection (1)(b)(ii) or (c)(ii) above, shall have effect only as from the date when the lands and heritages to which the entry relates came into existence or as from the beginning of the year in which the entry is made, whichever is the later;
where the valuation has been made under subsection (1)(b)(iii) or (c)(iii) above, shall have effect only as from the coming into effect of the enactment by or under which the Assessor is required to value the lands and heritages, or as from the beginning of the year in which the entry is made, whichever is the later;
in pursuance of a further direction given under the proviso to subsection (2) above, shall have effect only as from the date of the event by reason of which the further direction is given or as from the beginning of the year in which such direction is given, whichever is the later.
Without prejudice to section 24 of the Lands Valuation (Scotland) Act 1854 (appeal against valuation as contained in direction) and subject to section 26 of that Act (right of appeal to be forfeited where refusal to answer call by Assessor for books and writings, etc.), the proprietor, tenant or occupier of lands and heritages which are included in the valuation roll in consequence of a direction under this section may at any time while the roll is in force appeal to the Lands Valuation Appeal Court against the entry in the roll but only on the ground that there has been a material change of circumstances affecting the value of the lands and heritages since the entry was made: Provided that appeal under this subsection shall be competent only where the proprietor, tenant or occupier has given notice in writing to the Assessor before lodging the appeal of the material change of circumstances.
Notwithstanding anything in any enactment, no person may complain or appeal to a valuation appeal committee against an entry in the valuation roll made in consequence of a direction under this section.
The Secretary of State may make regulations providing for—
the payment of remuneration, pensions, allowances, gratuities to, or transfer values in respect of, the Assessor and his clerks and other officers, and the manner in which such payment is to be financed;
the terms and conditions of employment of the Assessor and his clerks and other officers ;
the amendment or repeal, with or without savings, of any enactment which is inconsistent with or superseded by the regulations.
A statutory instrument containing regulations under subsection (7) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (2) applies where an assessor—
makes or alters an entry in the valuation roll, and
the entry as made or altered relates to newly built lands and heritages or improved lands and heritages.
The assessor must include a mark in the entry to show that it relates to newly built lands and heritages or (as the case may be) improved lands and heritages.
An entry in the valuation roll relates to newly built lands and heritages if—
the entry as made or (as the case may be) altered shows one or more buildings or parts of a building, and
none of those buildings or parts of a building—
were shown in any entry in the valuation roll or valuation list for the day immediately prior to the day on which the entry or (as the case may be) alteration takes effect, or
would have been shown in such an entry in the valuation roll but for an enactment providing for them not to be entered in the roll.
An entry in the valuation roll relates to improved lands and heritages if—
the entry is altered to show a relevant increase in the rateable value of the lands and heritages to which the entry relates, and
the entry as altered does not relate to newly built lands and heritages.
A “relevant increase” in the rateable value of lands and heritages is an increase—
which is caused, in whole or in part,
by the erection, construction, refurbishment or extension of one or more buildings or parts of a building which form part of the lands and heritages, ...
by the installation of solar cells or solar panels, as specified in paragraph (n) of table 1 of the schedule of the 2000 Regulations, to the extent that the solar cells or solar panels fall within class 1 or class 2 in the schedule of the 2000 Regulations,
by the installation of plant and machinery, to the extent that the plant and machinery falls within class 4 in the schedule of the 2000 Regulations, and
none of which is attributable to—
the combination, division or reorganisation of lands and heritages which were shown, in whole or in part, in different entries in the valuation roll for the day immediately prior to the day on which the alteration takes effect, ...
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A mark included in an entry in the valuation roll under subsection (2) must be removed from the entry on the next occasion when the entry is altered by an assessor.
The Scottish Ministers may by regulations—
make provision about things that are, or are not, to be treated as a “building” for the purposes of this section,
modify the definition of “relevant increase” in subsection (5).
Before— the Scottish Ministers must consult such persons as they consider appropriate.
making regulations under subsection (7)(a), or
laying a draft of a Scottish statutory instrument containing regulations under subsection (7)(b) before the Scottish Parliament,
Regulations under subsection (7)—
may make different provision for different purposes,
may make incidental, supplementary, consequential, transitional, transitory or saving provision.
Regulations under—
subsection (7)(a) are subject to the negative procedure,
subsection (7)(b) are subject to the affirmative procedure.
In subsection (3)(b)(ii), “enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act.
In subsection (5)(a), “the 2000 Regulations” means the Valuation for Rating (Plant and Machinery) (Scotland) Regulations 2000.
In the case of such lands and heritages as may be prescribed or of any class or description of such lands and heritages as may be prescribed, the Secretary of State may by order provide that their rateable values or the aggregate amount of their rateable values shall be— and, for the purposes of this subsection, “class or description” of lands and heritages includes lands and heritages, or classes of lands and heritages, falling within such geographical area as may be prescribed.
such as is prescribed; or
such as is determined in accordance with prescribed rules
A rateable value or aggregate amount— an order under this section may be apportioned among local authorities in such manner as may be specified in the order.
prescribed under; or
determined by virtue of,
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An order under this section applying to any lands and heritages or any class or description of such lands and heritages may provide for— to different parts of the lands and heritages.
determining a rateable value or aggregate amount by the application of different methods of valuation;
apportioning a rateable value or aggregate amount by the application of different manners of apportionment,
Before making an order under this section the Secretary of State shall consult with such associations of local authorities, or of persons carrying on undertakings, as appear to him to be concerned and with any local authority, person or association of persons with whom consultation appears to him to be desirable.
An order under this section may—
repeal or amend any enactment so far as that enactment relates to— lands and heritages to which the order relates;
the valuation of;
the levying or payment of rates in respect of;
the making of payments in lieu of rates in respect of,
repeal or amend any enactment so far as that repeal or amendment is incidental or consequential to a repeal or amendment in terms of paragraph (a) above; and
as regards such lands and heritages apply, restrict or modify the enactments relating to appeals or complaints in connection with the valuation roll.
An order under this section may provide that the order shall have effect as from the beginning of the year in which the order is made.
An order under this section may provide that the assessor for any specified valuation area shall carry out such functions in relation to the operation of a formula as may be specified in the order, notwithstanding that such functions may include the valuation of lands and heritages in another valuation area.
An order under this section shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
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The proprietor, tenant or occupier of lands and heritages may make a proposal to the assessor who has the function of valuing the lands and heritages to alter the entry for those lands and heritages in the valuation roll in accordance with this section.
A proposal may be made in relation to an entry—
where the proprietor, tenant or occupier receives a notice under section 3(2) in relation to the entry, other than a notice sent following an alteration to the valuation roll under—
section 2(1A) as a result of a proposal or appeal made by the proprietor, tenant or (as the case may be) occupier, or
section 2(3) as a result of an agreement between the proprietor, tenant or (as the case may be) occupier and the assessor,
where a person becomes the proprietor, tenant or occupier of the lands and heritages to which the entry relates,
on the ground that, since the entry was made, there has been a material change of circumstances,
on the ground that there is an error in the entry of the type referred to in section 2(1)(f).
A person may not make a proposal in pursuance of subsection (2)(a) where—
the notice under section 3(2) relates to an entry included in the valuation roll when it was made up under section 1(1), and
the details included in the entry are in accordance with an agreement in writing between that person and the assessor as to the details to be included in the entry.
A proposal may be made in pursuance of subsection (2)(b) whether or not any previous proprietor, tenant or occupier of the lands and heritages—
reached an agreement with the assessor in relation to the entry,
made a proposal to the assessor in relation to the entry,
appealed to the valuation appeal committee or the First-tier Tribunal for Scotland in relation to the entry.
A proposal must—
be made in writing,
set out how the person making the proposal wants the assessor to alter the entry.
The assessor may decide—
to alter the entry in accordance with—
the proposal, or
an agreement in writing between the assessor and the person who made the proposal reached after the proposal was made,
to alter the entry other than in accordance with the proposal or such an agreement (including by either increasing or decreasing the rateable value shown in the entry),
not to alter the entry.
The Scottish Ministers may by regulations make provision for or about—
the period within which a proposal may be made,
the form in which a proposal is to be made,
information to be included in, and documents to be submitted with, a proposal,
notices to be sent by an assessor to the person who made the proposal or any other person with an interest in the lands and heritages to which the proposal relates,
fees payable in connection with a proposal (including provision about circumstances in which a fee may be repaid),
the day from which an alteration made to an entry in the valuation roll following a decision under subsection (6)(a) or (b) is to have effect,
such other matters in connection with the making of a proposal as the Scottish Ministers consider appropriate.
Before laying a draft of a Scottish statutory instrument containing regulations under subsection (7)(e) before the Scottish Parliament, the Scottish Ministers must consult—
such person or persons as appear to the Scottish Ministers to represent the interests of— as the Scottish Ministers consider appropriate,
local authorities,
assessors,
the business sector, and
other ratepayers,
such other persons as they consider appropriate.
Regulations under subsection (7)—
may make different provision for different purposes,
may make incidental, supplementary, consequential, transitional, transitory or saving provision.
Regulations under subsection (7) are subject to—
the affirmative procedure, if they make provision under subsection (7)(e),
otherwise, the negative procedure.
In this section and section 3ZB, “proposal” means a proposal made under subsection (1).
A person who is the proprietor, tenant or occupier of lands and heritages may appeal to the First-tier Tribunal for Scotland—
against a decision of the assessor, in relation to a proposal made by the person, under section 3ZA(6)(b) or (c),
if—
the person has made a proposal in relation to the entry,
the period set out in regulations under subsection (7)(a) for an appeal to be made has begun, and
the assessor has not made a decision under section 3ZA(6).
An appeal under subsection (1)(b) is to be treated as if it were an appeal against a decision under section 3ZA(6)(c).
An appeal under subsection (1)—
must be made within the period set out in regulations under subsection (7)(a) (and the First-tier Tribunal for Scotland may not allow it to be made after the end of that period),
may be withdrawn only with the permission of the First-tier Tribunal for Scotland (whether or not the appellant and the assessor have reached an agreement as to the alteration of the entry to which the appeal relates).
On an appeal under subsection (1), the First-tier Tribunal for Scotland—
is to decide what alterations (if any) the assessor is to make to the entry,
may (in particular) decide that the rateable value shown in the entry is to be either increased or decreased.
Subsection (6) applies where—
an appeal under subsection (1) relates to a proposal made in pursuance of section 3ZA(2)(c), and
it is proved that there has been a change of circumstance which has materially reduced the extent to which beneficial occupation of the lands and heritages to which the appeal relates can be enjoyed.
The First-tier Tribunal for Scotland may decide that the entry is to be altered even if it is not proved that the change of circumstances has affected the value of the lands and heritages to any specific extent.
The Scottish Ministers may by regulations make provision for or about—
the period within which an appeal under subsection (1) is to be made,
information to be included in, and documents to be submitted with, such an appeal,
circumstances in which such an appeal may be made only with the permission of the First-tier Tribunal for Scotland,
fees payable in connection with such an appeal (including provision about circumstances in which a fee may be repaid),
the procedure to be followed in such an appeal (including evidence which may be led),
the period within which such an appeal is to be disposed of,
such other matters in connection with such appeals as the Scottish Ministers consider appropriate.
Before laying a draft of a Scottish statutory instrument containing regulations under subsection (7)(d) before the Scottish Parliament, the Scottish Ministers must consult—
such person or persons as appear to the Scottish Ministers to represent the interests of— as the Scottish Ministers consider appropriate,
local authorities,
assessors,
the business sector, and
other ratepayers,
such other persons as they consider appropriate.
Regulations under subsection (7)—
may make different provision for different purposes,
may make incidental, supplementary, consequential, transitional, transitory or saving provision.
Regulations under subsection (7) are subject to—
the affirmative procedure, if they make provision under subsection (7)(d),
otherwise, the negative procedure.
The assessor shall be entitled at any reasonable time of the day, on giving not less than twenty-four hours previous notice in writing to the occupier, to enter, survey and value for the purposes of the Valuation Acts any lands and heritages within the area for which he acts as assessor, and if any person refuses to admit the assessor to enter any lands and heritages or obstructs him in making his survey or valuation he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Subject to the provisions of any other enactment, every rate levied by a rating authority for any year shall be levied in respect of all lands and heritages within the area to which the rate relates according to the rateable value of the lands and heritages as appearing in the valuation roll in force at the beginning of the year in respect of which the rate is levied: Provided that where during any year the valuation roll has been altered under section 2 of this Act by inserting a new entry therein or altering an existing entry, the rate levied for the year or the part of the year after such alteration takes effect shall be according to the rateable value of the lands and heritages concerned as appearing in such new or altered entry.
Save as provided in any other enactment, every rate levied upon occupiers of lands and heritages within the area to which the rate relates shall be at a uniform amount per pound.
References in subsection (1) above to “rateable value” include the apportioned rateable value of part residential subjects . . . , and references in this subsection to an apportioned value of part residential subjects are references to that part of that value which is shown in the apportionment note as relating to the non-residential use of the subjects,.
Subject to subsections (3)(b) and (7) to (7C) below, the rates chargeable for any year in respect of lands and heritages shall be payable by monthly instalments during the year in accordance with subsections (2) to (6) below.
Subject to subsection (3) below, in any case where the rates chargeable for a year are payable in accordance with subsection (1) above, those rates shall be payable by ten instalments beginning in the second month and ending in the penultimate month of the year.
Where any person is liable for rates in respect of the occupation of lands and heritages for part only of a year or where for any other reason a demand note for any rates in respect of lands and heritages is not issued until after the end of the first month of the year, and, in either case, those rates are payable in accordance with subsection (1) above, then—
if the demand note for the rates is issued before the beginning of the last quarter of the year, the rates shall be payable by instalments beginning in the month following that in which the demand note is issued and ending in the penultimate month of the year; and
in any other case, the rates shall be payable in full in the month following that in which the demand note for the rates is issued.
Where any rates payable by any person in respect of lands and heritages for a year are payable by monthly instalments in accordance with subsection (1) above then, apart from any remission of rates on account of hardship under section 25A of the Local Government (Scotland) Act 1966 or any rate rebate granted under section 28(1)(a) of the the Social Security and Housing Benefits Act 1982 (whether or not modified under section 30(1)(a) of that Act) and subject to subsection (6) below, each of those instalments shall be of the same amount except that the rating authority may round off the amount of any of those instalments other than either the first or the last to the nearest 5p and adjust the amount of the first or, as the case may be, the last of those instalments accordingly.
Except in a case falling within subsection (3)(b) above, there shall be included in or sent with every demand note for rates which are payable in accordance with subsection (1) above a statement specifying the total rates due for the year, the dates on which the monthly instalments of the rates are payable and the amount of each instalment.
Where, after sending the statement referred to in subsection (5) above, the rating authority are satisfied that there has been, or may be, any change in the amount any person is, or will be, liable to pay by way of rates in respect of the lands and heritages in question for the balance of the year to which the statement relates, the rating authority may by a further statement in writing make such adjustments as they think necessary in the amounts of the remainder of the instalments to which the statement referred to in subsection (5) above relates.
The rates shall not be payable in accordance with subsection (1) above in the case of any person who—
has entered into an agreement with the rating authority to pay the rates otherwise than in accordance with that subsection; or
is liable under any enactment to pay the rates to any person or authority other than the rating authority.
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In any case where a demand note for rates, chargeable for a year or part only of a year, is for an amount (after any remission, rebate or other deduction to which the rate is subject) less than the prescribed sum the rates shall not be payable in accordance with subsection (1) above but shall be payable in full on or before the date specified by the rating authority in the demand note.
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In subsection (7A) above, “the prescribed sum” means £20 or such lesser sum as the rating authority may fix.
The Secretary of State may by order, made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, amend subsection (7B) above by substituting for the amount for the time being specified in that subsection such other amount as appears to him to be justified.
The Secretary of State shall, in respect of the financial year 1993-94 and each subsequent financial year, prescribe for each local authority a rate which shall be their non-domestic rate in respect of that year.
Non-domestic rates shall be levied in accordance with section 7 of this Act by each rating authority in respect of lands and heritages—
which are subjects (other than part residential subjects) in respect of which there is an entry in the valuation roll, according to their rateable value or, where a rateable value has been prescribed or determined in respect of the lands and heritages under section 128 of the Local Government Finance Act 1988, according to that rateable value; or
which are part residential subjects, according to that part of their rateable value which is shown in the apportionment note as relating to the non-residential use of those subjects or, where a rateable value has been prescribed or determined in respect of the lands and heritages under section 128 of the Local Government Finance Act 1988, according to that part of that rateable value which is so shown in the apportionment note.
The rates prescribed under subsection (1) above shall be known—
in the case of the regional council, as the non-domestic regional rate;
in the case of the district council, as the non-domestic district rate; and
in the case of the islands council, as the non-domestic islands rate.
References (however expressed) in any enactment to the non-domestic rate determined by a local authority shall be construed as references to the non-domestic rate prescribed for the local authority under this section.
A statutory instrument containing any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Notwithstanding that an appeal under the Valuation Acts is pending with respect to any lands and heritages the rates levied on those lands and heritages shall be payable in accordance with section 8 of this Act.
On the determination of the appeal referred to in subsection (1) above, the difference, if any, between the amount paid by virtue of that subsection and the amount which would have been payable on the rateable valuation as determined in the appeal shall—
if an overpayment has been made, be repaid by the rating authority, and
if an underpayment has been made, be recovered by the rating authority as if it were arrears of rates due and payable to them.
The Secretary of State shall, in respect of the financial year following that in which this subsection comes into force and each subsequent financial year, prescribe a rate which shall be the non-domestic rate to be levied throughout Scotland in respect of that financial year.
Non-domestic rates shall be levied by each rating authority in respect of lands and heritages in their area—
in accordance with section 7 of this Act; or
where the lands and heritages fall within a class of lands and heritages prescribed under section 153 of the Local Government etc. (Scotland) Act 1994, in accordance with those regulations.
In the application of section 7 of this Act to the levying of the non-domestic rate prescribed under this section, for the words “to which the rate relates” in each of subsections (1) and (2) of that section there shall be substituted the words “of the rating authority”.
References (however expressed) in any enactment to the non-domestic rate determined by a local authority shall be construed as references to the non-domestic rate prescribed under this section.
A statutory instrument containing any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A rating authority may make arrangements with any housing body within their area on such terms and conditions as may be agreed between them or, failing agreement, as may be determined by the Secretary of State, for the collection by the housing body of the rates levied by the rating authority on the occupiers of lands and heritages let by the housing body; and where such arrangements are made the rates shall be payable to the housing body by instalments along with payments of rent.
Where a rating authority wish to make arrangements with a housing body under subsection (1) above but the housing body have not agreed to enter into the arrangements, the Secretary of State may by order, made after consultation with the rating authority and the housing body, provide that the rating authority and the housing body shall make such arrangements in accordance with that subsection.
A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “housing body” means any authority to which section 118 of the Act of 1973 applies, a development corporation or the Scottish Special Housing Assocation.
For section 233 of the Act of 1947 there shall be substituted the following section—
This section applies where—
a person (the “ratepayer”) is liable to pay the rates chargeable for a year, or part of a year, in respect of lands and heritages,
the rates are payable by instalments under section 8(1), and
the ratepayer fails to pay an instalment (the “missed instalment”) in accordance with that section.
The rating authority must give the ratepayer a notice (a “reminder notice”) setting out—
details of the missed instalment,
the effect of subsections (3) and (4), and
where the notice is the second reminder notice given to the ratepayer in respect of the rates due for the year, the effect of subsection (5).
The ratepayer must, within the period of 7 days beginning with the day on which the reminder notice is given to the ratepayer by the rating authority, pay the missed instalment and any other instalment which is due to be paid within that period.
If the ratepayer fails to comply with subsection (3)—
the rates are no longer payable by instalments, and
the unpaid amount of the total rates due for the year (or part of the year) becomes payable at the end of the period of 7 days beginning with the day on which the period mentioned in subsection (3) ends.
Where the ratepayer has already been given two reminder notices in respect of the rates due for the year—
subsections (2) to (4) do not apply,
the rates are no longer payable by instalments, and
the unpaid amount of the total rates due for the year (or part of the year) becomes payable on the day following the day on which the missed instalment was due to be paid.
Subject to regulations made under this section—
where any amount has been paid to a rating authority in respect of rates either— and the rating authority repay the amount, the authority shall also pay to the person to whom the repayment is made interest on the amount; and
in error; or
in consequence of the entry on to the valuation roll of a valuation which is subsequently reduced,
where any amount has been repaid to any person by a rating authority either— and the rating authority recover the amount, the authority may also recover from that person any interest paid on that amount.
in error; or
in consequence of the entry on to the valuation roll of a valuation which is subsequently increased,
The Secretary of State may by regulations make provision as to—
the circumstances in which interest is to be payable or recoverable by a rating authority;
the rate at which any interest is to be paid, or the manner in which such rate is to be determined; and
the date or dates from which, or by reference to which, any payment of interest is to run.
This section applies to any payments such as are mentioned in subsection (1) which were made— as it applies to such payments made after the coming into force of this section; but does not entitle any person to receive any payment of interest in respect of any such payment made before 1st April 1990.
after 1st April 1990; and
before the coming into force of this section,
Regulations made under this section may provide for the deduction from any sum paid by way of interest under or by virtue of this section of any sum previously paid under or by virtue of any other enactment by way of interest in respect of the same payment.
Regulations under this section—
may make different provision in relation to different cases or descriptions of case;
may include such transitional provisions as appear to the Secretary of State to be necessary or expedient; and
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
The provisions of the Act of 1966 relating to rate support grants shall have effect subject to the amendments specified in Schedule 2 to this Act.
The limit of £60 million which by subsection (5) of section 1 of the Rural Water Supplies and Sewerage Act 1944 is imposed on the amount of the contributions which may be made under that section out of money provided by Parliament towards the expenses of local authorities in Scotland in respect of rural water supplies and sewerage is hereby removed ; and accordingly for that subsection there shall be substituted the following subsection:—
In subsection (1) above references to subsection (5) of section 1 of the said Act of 1944 are references to that subsection as applied to Scotland by section 7 of that Act.
Subject to subsection (3) below, on and after 16th May 1975 the power of the Secretary of State— shall cease to be exercisable except in a case where it appears to the Secretary of State that the whole or any part of any expenditure in respect of which any such advances or grants as aforesaid could be made should not fall on the . . . , local authority or person concerned, as the case may be.
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to make grants to a local authority under subsection (3) of section 34 of the Transport Act 1968 (towards expenditure incurred in making grants to provide assistance for rural bus or ferry services) or under subsection (4) of that section (towards expenditure incurred in the provision of such ferry services), and
to make grants to any person under section 56(1) of the Transport Act 1968 (towards capital expenditure incurred or to be incurred in the provision, improvement or development of facilities for public passenger transport),
As from the beginning of the year 1978-79 the power of the Secretary of State to make grants to a Passenger Transport Executive under section 20(8) of the Transport Act 1968 (towards expenditure incurred by the Executive for certain areas in pursuance of agreements with the Railways Board for the provision of railway passenger services) shall cease to be exercisable, except in a case where it appears to the Secretary of State that the whole or any part of any expenditure in respect of which any such grants as aforesaid could be made should not fall on the Passenger Transport Executive.
In any case where— then, notwithstanding anything in subsection (1) above, the Secretary of State may, on or after 16th May 1975, make to that person under that section any grant which he considers appropriate in the light of that approval.
it appears to the Secretary of State that any person other than a local authority has before 16th May 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the Transport Act 1968, and
the Secretary of State has approved before 16th May 1975 the making of a grant or grants towards that expenditure under that section,
The Secretary of State may from time to time, by order, provide that, with effect from such year as may be specified in the order, no grant shall be paid under any such local authority grant provision as may be so specified or that no grant shall be so paid except in respect of expenditure of a description so specified.
In subsection (1) above “local authority grant provision” means an enactment providing for the payment of grants to local authorities in respect of expenditure incurred in connection with a specific function.
An order under this section may contain provision amending, repealing or revoking, with or without savings, any enactment.
No order under this section shall have effect unless it is approved by a resolution of each House of Parliament.
A local authority may establish, in accordance with the provisions of this section, Direct Labour Organisation/Direct Services Organisation Funds (to be known as “DLO/DSO funds”) for the purpose of dealing with surpluses and deficits which may occur in respect of—
any revenue account kept by the authority under section 10(1) (accounts relating to construction or maintenance work) of the Local Government, Planning and Land Act 1980; or
any account kept by the authority under section 9(2) (accounts) of the Local Government Act 1988.
Any interest earned on money transferred to a reserve fund established under subsection (1) above may be credited to that fund.
Any surplus credited to a fund established under subsection (1) above and which is, in the opinion of the authority, not required for the purpose of dealing with deficits in any such fund, may be transferred by them to the general fund maintained by them under section 93 of the Act of 1973 (general fund).
This section is without prejudice to any specific limitation imposed by or under any enactment as to the manner in which money may be paid into or out of any specific account.
Schedule 3 to this Act shall . . . have effect with respect to the powers of local authorities and joint boards . . . . . . to borrow and lend money and with respect to certain of their funds.
Schedule 8 to the Act of 1973 (provisions as to the Commission for Local Authority Accounts in Scotland) shall have effect as if after paragraph 3 there were inserted the following paragraph—.
For subsection (5) of section 96 of the Act of 1973 there shall be substituted the following subsections—.
Section 201 of the Act of 1947 (power of Secretary of State to disalllow illegal payments and surcharge on interim report of auditor), shall have effect as if in subsection (1) after proviso (e) there were inserted the following proviso—.
On and after 16th May 1975, a road or proposed road which, immediately before that date, is classified under section 28(2) of the Act of 1966 as a principal road for the purposes of section 8 of the Development and Road Improvement Funds Act 1909, so far as that section relates to the making of advances to local highway authorities, shall cease to be so classified for the purposes of the said section 8 but, except in so far as the Secretary of State otherwise directs, shall continue to be treated as a principal road or a classified road for the purposes of any enactment (whether passed or made before or after the commencement of this Act) which refers to roads or highways classified under any enactment as principal roads (whether for the purposes of advances under the said section 8 or otherwise) or, as the case may be. to roads or highways classified by the Secretary of State.
The Secretary of State may by order assign some other description to the roads which, whether by virtue of subsection (1) above or otherwise, are for the time being treated as principal roads for the purposes of any enactment.
If an order is made under subsection (2) above then, except in so far as the order otherwise provides, any reference to a principal road in any enactment passed or made before the order is made shall be construed as a reference to a road of the description specified in the order.
Nothing in subsection (2) above shall affect the power of the Secretary of State under section 28(2) of the Act of 1966 to classify particular roads or proposed roads in such manner as he may determine after consultation with the highway authorities concerned.
For the purpose of conducting investigations in relation to any authority to which this Part of this Act applies there shall be a commissioner to be known as the Commissioner for Local Administration in Scotland.
Appointments to the office of Commissioner shall be made by Her Majesty on the recommendation of the Secretary of State after consultation with such bodies representing local authorities as appear appropriate to the Secretary of State, and a person so appointed shall, subject to subsection (3) below, hold office during good behaviour.
A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request or may be removed from office by Her Majesty on grounds of incapacity or misbehaviour, and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five years.
For each year, the Commissioner—
shall submit a general report on the discharge of his functions to the designated body and arrange for the publication of such report;, and
shall review the operation of the provisions of this Part of this Act about the investigation of complaints, and shall have power to convey to local authorities or to government departments any recommendations or conclusions reached in the course of his review.
Schedule 4 to this Act shall have effect as respects the Commissioner.
The Commissioner may, after consultation with such associations of local authorities as appear to him to be appropriate, provide to the authorities to which this Part of this Act applies such advice and guidance about good administrative practice as appears to him to be appropriate and may arrange for it to be published for the information of the public.
For the purposes of this Part of this Act, the Secretary of State shall by order designate a body to be called “the designated body for Scotland”.
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All expenses incurred by the designated body under this Part of this Act shall be defrayed by local authorities in accordance with regulations made by the Secretary of State after consultation with such associations of local authorities as appear to him to be concerned.
The Secretary of State may—
require the designated body to keep proper accounts of the expenditure incurred by them in the discharge of their functions;
require the designated body to prepare in respect of each financial year a statement of account in such form as the Secretary of State may direct;
make arrangements for the audit of such accounts.
A statutory instrument containing an order under subsection (1) above or regulations under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This Part of this Act applies to the following authorities— and any reference in the Part to any such authority (or to any authority mentioned in subsection (2) below) includes a reference to any member or officer of that authority.
any local authority;
any committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities;
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any person or body which by virtue of section 56(1) of the Act of 1973 discharges any of the functions of a local authority.
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Scottish Homes, in respect only of any of its actions as a landlord;
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any licensing board within the meaning of the Licensing (Scotland) Act 1976.
the Strathclyde Passenger Transport Authority
a National Park authority
Without prejudice to subsection (1)(f) above, this Part of this Act applies to—
any joint board constituted by an administration scheme under section 36 of the Fire Services Act 1947 or section 147 of the Act of 1973
any joint police board constituted by an amalgamation scheme made or approved under the Police (Scotland) Act 1967;
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any Children’s Panel Advisory Committee formed under paragraph 3, or joint advisory committee formed under paragraph 8, of Schedule 1 to the Children (Scotland) Act 1995;
any joint committee, for the administration of superannuation schemes for persons employed in local government service or teachers, established by regulations under section 7 or 9 of the Superannuation Act 1972 respectively.
Her Majesty may by Order in Council provide that this Part of this Act shall also apply, subject to any modifications or exceptions specified in the Order, to any authority specified in the Order, being an authority which is established by or under an Act of Parliament, and which has power to levy a rate, or to issue a requisition.
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An Order made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to the provisions of this Part of this Act, where a written complaint is made by or on behalf of a member of the public who claims to have sustained injustice in consequence of maladministration in connection with action taken by or on behalf of an authority to which this Part of this Act applies, being action taken in the exercise of administrative functions of that authority, the Commissioner may investigate that complaint.
A complaint shall not be entertained under this Part of this Act unless it is made in writing to the Commissioner specifying the action alleged to constitute maladministration or—
it is made in writing to a member of the authority, or of any other authority concerned, specifying the action alleged to constitute maladministration, and
it is referred to the Commissioner, with the consent of the person aggrieved, or of a person acting on his behalf, by that member, or by any other person who is a member of any authority concerned, with a request to investigate the complaint.
If the Commissioner is satisfied that any member of any authority concerned has been requested to refer the complaint to the Commissioner, and has not done so, the Commissioner may, if he thinks fit, dispense with the requirements in subsection (2)(b) above.
A complaint shall not be entertained unless it was made to the Commissioner or to a member of any authority concerned or, in the case of the Scottish Special Housing Association . . ., to the Commissioner within twelve months from the day on which the person aggrieved first had notice of the matters alleged in the complaint, but the Commissioner may conduct an investigation pursuant to a complaint not made within that period if he considers that it is reasonable to do so.
Subsections (2) and (3) above do not apply in relation to the Scottish Special Housing Association . . ..
Before proceeding to investigate a complaint, the Commissioner shall satisfy himself that the complaint has been brought, by or on behalf of the person aggrieved, to the notice of the authority to which the complaint relates and that that authority has been afforded a reasonable opportunity to investigate, and reply to, the complaint.
The Commissioner shall not conduct an investigation under this Part of this Act in respect of any of the following matters, that is to say,— Provided that the Commissioner may conduct an investigation notwithstanding the existence of such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect the person aggrieved to resort or have resorted to it.
any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment;
any action in respect of which the person aggrieved has or had a right of appeal to a Minister of the Crown; or
any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law:
The Commissioner shall not conduct an investigation in respect of any action which in his opinion affects all or most of the inhabitants of the area of the authority concerned.
Without prejudice to the preceding provisions of this section, the Commissioner shall not conduct an investigation under this Part of this Act in respect of any such action or matter as is described in Schedule 5 to this Act.
Her Majesty may by Order in Council amend the said Schedule 5 so as to add to or exclude from the provisions of that Schedule (as it has effect for the time being) such actions or matters as may be described in the Order; and any Order made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where the complaint relates to a National Park authority, the reference in subsection (7) above to the area of the authority is a reference to the National Park.
In determining whether to initiate, continue or discontinue an investigation, the Commissioner shall, subject to the preceding provisions of this section, act at discretion; and any question whether a complaint is duly made under this Part of this Act shall be determined by the Commissioner.
In this section references to a person aggrieved include references to his personal representatives.
A complaint shall not be entertained under this Part of this Act if and so far as it is in respect of anything done before 16th May 1975, or in respect of any default or alleged default first arising before that date.
A complaint under this Part of this Act may be made by any individual, or by any body of persons whether incorporated or not, not being—
a local authority or other authority or body constituted for purposes of the public service or of local government, or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;
any other authority or body whose members are appointed by Her Majesty or any Minister of the Crown or government department or money paid out of the Scottish Consolidated Fund, or whose revenues consist wholly or mainly of moneys provided by Parliament.
Where the person by whom a complaint might have been made under the preceding provisions of this Part of this Act has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or by some body or individual suitable to represent him; but except as aforesaid a complaint shall not be entertained under this Part of this Act unless made by the person aggrieved himself.
Where the Commissioner proposes to conduct an investigation pursuant to a complaint, he shall afford to the authority concerned, and to any person who is alleged in the complaint to have taken or authorised the action complained of, an opportunity to comment on any allegations contained in the complaint.
Every such investigation shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case; and, without prejudice to the generality of the preceding provision, the Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented (by counsel or solicitor or otherwise) in the investigation.
The designated body shall, if the Commissioner thinks fit, pay to the person by whom the complaint was made, and to any other person who attends or furnishes information for the purposes of an investigation under this Part of this Act—
sums in respect of the expenses properly incurred by them;
allowances by way of compensation for the loss of their time.
The conduct of an investigation under this Part of this Act shall not affect any action taken by the authority concerned, or any power or duty of that authority to take further action with respect to any matters subject to the investigation.
For the purposes of an investigation under this Part of this Act the Commissioner may require any member or officer of the authority concerned, or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such documents.
For the purposes of any such investigation the Commissioner shall have the same powers as the Court of Session in respect of the attendance and examination of witnesses, and in respect of the production of documents.
The Commissioner may, under subsection (1) above, require any person to furnish information concerning communications between the authority concerned and any Government department, or to produce any correspondence or other documents forming part of any such written communications.
No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information in accordance with subsection (3) above; and where that subsection applies the Crown shall not be entitled to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.
Nothing in subsection (1) or subsection (3) above affects—
the restriction, imposed by section 11(2) of the Parliamentary Commissioner Act 1967, on the disclosure of information by the Parliamentary Commissioner or his officers; or
the restriction, imposed by section 15 of the Health Service Commissioners Act 1993, on the disclosure of information by the Health Service Commissioner for Scotland or by his officers.
To assist him in any investigation, the Commissioner may obtain advice from any person who in his opinion is qualified to give it and, if the Commissioner thinks fit, the designated body shall pay to any such person such fees or allowances as the Commissioner may determine.
Subject to subsection (4) above, no person shall be compelled for the purposes of an investigation under this Part of this Act to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the Court of Session.
If any person without lawful excuse obstructs the Commissioner in the performance of his functions under this Part of this Act, or is guilty of any act or omission in relation to an investigation under this Part of this Act which, if that investigation were a proceeding in the Court of Session would constitute contempt of court, the Commissioner may certify the offence to the Court of Session.
Where an offence is so certified, the Court of Session may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the Court of Session could deal with him if he had committed the like offence in relation to the Court of Session.
Nothing in subsection (8) above shall be construed as applying to the taking of any such action as is mentioned in section 26(4) of this Act.
In any case where the Commissioner conducts an investigation, or decides not to conduct an investigation, he shall send a report of the results of the investigation, or as the case may be a statement of his reasons for not conducting an investigation—
to the person, if any, who referred the complaint to the Commissioner in accordance with section 24(2) of this Act, and
to the complainant, and
to the authority concerned, and to any other authority or person who is alleged in the complaint to have taken or authorised the action complained of.
Where the complaint was referred by a person who was a member of an authority but who has since ceased to be a member of that authority, the report or statement shall be sent to the convener of that authority.
Apart from identifying the authority or authorities concerned, the report shall not , except where subsection (3A) below applies,— unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Commissioner considers it necessary to mention the name of that person or to include in the report any such particulars.
mention the name of any person, or
contain any particulars which, in the opinion of the Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,
Subject to the provisions of subsection (7) below, the authority concerned shall for a period of three weeks make copies of the report available — by any person at all reasonable hours at one or more of the authority’s offices.
without charge, for inspection and the taking of copies thereof or extracts therefrom; and
at a reasonable charge, for purchase,
Where the Commissioner is of the opinion— then, unless the Commissioner is satisfied that it would be unjust to do so, the report shall name the member and give particulars of the breach.
that action constituting maladministration was taken which involved a member of the authority concerned, and
that the member’s conduct constituted a breach of the National Code of Local Government Conduct,
Not later than two weeks after the report is received by the authority concerned, the proper officer of the authority shall give public notice, by advertisement in newspapers and such other ways as appear to him appropriate, that the report will be available . . . as provided by subsection (4) above, and shall specify the date, being a date not more than one week after the giving of the public notice, from which the period of three weeks will begin.
If a person having the custody of a report made available . . . as provided by subsection (4) above obstructs any person seeking to inspect or purchase the report, or to make a copy of, or extract from, the report, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The Commissioner may, if he thinks fit after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, direct that a report specified in the direction shall not be subject to the provisions of subsections (4) and (5) above . . .
This section applies where the Commissioner reports that injustice has been caused to a person aggrieved in consequence of maladministration.
The report shall be laid before the authority concerned and it shall be the duty of that authority to consider the report and, within the period of three months beginning with the date on which they received the report, or such longer period as the Commissioner may agree in writing, to notify the Commissioner of the action which the authority have taken or propose to take.
does not receive any such notification within a reasonable time; or
is not satisfied with the action which the authority concerned have taken ; or
does not within a reasonable time receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Commissioner,
If the Commissioner— he shall make a further report setting out those facts and making recommendations.
does not receive the notification required by subsection (2) above within the period allowed by or under that subsection, or
is not satisfied with the action which the authority concerned have taken or propose to take, or
does not within a period of three months beginning with the end of the period so allowed, or such longer period as the Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Commissioner,
Those recommendations are such recommendations as the Commissioner thinks fit to make with respect to the action which, in his opinion, the authority concerned should take to remedy the injustice to the person aggrieved and to prevent similar injustice being caused in the future.
Section 28 of this Act, with any necessary modifications, and subsection (2) above shall apply to a report under subsection (2A) above as they apply to a report under that section.
If the Commissioner— he may, by notice to the authority, require them to arrange for a statement to be published in accordance with subsections (2E) and (2F) below.
does not receive the notification required by subsection (2) above as applied by subsection (2C) above within the period allowed by or under that subsection or is satisfied before the period allowed by that subsection has expired that the authority concerned have decided to take no action; or
is not satisfied with the action which the authority concerned have taken or propose to take; or
does not within a period of three months beginning with the end of the period allowed by or under subsection (2) above as applied by subsection (2C) above, or such longer period as the Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Commissioner,
The statement referred to in subsection (2D) above is a statement, in such form as the authority concerned and the Commissioner may agree, consisting of—
details of any action recommended by the Commissioner in his further report which the authority have not taken;
such supporting material as the Commissioner may require; and
if the authority so require, a statement of the reasons for their having taken no action on, or not the action recommended in, the report.
The requirements for the publication of the statement are that—
publication shall be in any two editions within a fortnight of a newspaper circulating in the area of the authority agreed with the Commissioner or, in default of agreement, nominated by him; and
publication in the first such edition shall be arranged for the earliest practicable date.
If the authority concerned— the Commissioner shall arrange for such a statement as is mentioned in subsection (2E) above to be published in any two editions within a fortnight of a newspaper circulating within the authority’s area.
fail to arrange for the publication of the statement in accordance with subsections (2E) and (2F) above, or
are unable, within the period of one month beginning with the date on which they received the notice under subsection (2D) above, or such longer period as the Commissioner may agree in writing, to agree with the Commissioner the form of the statement to be published,
The authority concerned shall reimburse the Commissioner on demand any reasonable expenses incurred by the Commissioner in performing his duty under subsection (2G) above.
In any case where— the authority may incur such expenditure as appears to them to be appropriate in making such a payment or providing such a benefit.
a report is laid before an authority under subsection (2) or (2C) above, and
on consideration of the report, it appears to the authority that a payment should be made to, or some other benefit should be provided for, a person who has suffered injustice in consequence of maladministration to which the report relates,
For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—
the publication of any matter in communications between a member or officer of an authority and the Commissioner, or any of his officers, for the purposes of this Part of this Act;
the publication of any matter by the Commissioner or any of his officers, in communicating with a complainant for the purposes of this Part of this Act;
the publication of any matter in preparing, making and sending a report or statement in accordance with section 28 or 29 of this Act, or, subject to section 28(7) of this Act, in making copies of a report available as provided by section 28(4) above;
the publication of any matter contained in a report by the Commissioner which has been made available to the public, being publication by inclusion in a report made or published under section 21 of this Act.
the publication of any matter by inclusion in a statement published in accordance with section 29(2D), (2E) and (2F) or (2G) of this Act.
Information obtained by the Commissioner, or any of his officers, in the course of or for the purposes of an investigation under this Part of this Act shall not be disclosed except— and the Commissioner and his officers shall not be called upon to give evidence in any proceedings (other than proceedings within paragraph (b) or (c) above) of matters coming to his or their knowledge in the course of an investigation under this Part of this Act.
for the purposes of the investigation and of any report to be made under section 28 or 29 of this Act; or
for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1939 alleged to have been committed in respect of information obtained, by virtue of this Part of this Act, by the Commissioner or any of his officers or for an offence of perjury alleged to have been committed in the course of an investigation under this Part of this Act or for the purposes of an inquiry with a view to the taking of such proceedings, or
for the purpose of any proceedings under section 27(9) of this Act,
A Minister of the Crown or any of the authorities mentioned in section 23 of this Act may give notice in writing to the Commissioner with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Minister, or as the case may be of the authority, the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest; and where such a notice is given nothing in this Part of this Act shall be construed as authorising or requiring the Commissioner or any member of his staff to communicate to any other person, or for any purpose, any document or information specified in the notice, or any document or information of a class so specified: Provided that a notice given under this subsection by any authority may be discharged by the Secretary of State.
Nothing in subsection (3) above shall affect the obligations imposed by subsections (3) and (4) of section 27 of this Act.
Where information is disclosed in accordance with section 27(3) of this Act, being information which is derived from a communication from a government department, and which has not been made public, the Commissioner shall not without the written consent of an officer of the government department make a report which includes all or any of that information unless he has given the department not less than one month’s notice in writing of his intention.
The provisions of this section shall apply to the Commissioners of Customs and Excise and Commissioners of Inland Revenue as they apply to a Minister of the Crown.
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in subsection (2)(a) to the investigation shall have effect as a reference to any investigation.
Subject to subsection (3) below, any power of an authority to have their functions discharged by any person or body of persons acting for the authority shall, as respects the consideration of a further report of the Commissioner under section 29(2A) of this Act, be subject to the restriction that, if it is proposed to take no action on, or not the action recommended in, the report, consideration of the report shall be referred to the authority.
Consideration of a further report of the Commissioner under section 29(2A) of this Act by— shall be subject to a corresponding restriction.
any such committee as is mentioned in section 23(2)(d) of this Act; or
an education committee appointed under section 124 of the Act of 1973;
The restriction imposed by subsections (1) and (2) above does not apply where the report recommends action to be taken by . . .—
a joint committeeestablished under section 56 of the Act of 1973 . . .; or
a joint board referred to in paragraph (a) or (b) of subsection (2) of section 23 of this Act (fire and police joint boards) or a joint committee referred to in paragraph (e) of that subsection (local government and teachers’ superannuation joint committees)
If an authority considering a further report of the Commissioner under section 29(2A) of this Act take into consideration a report by a person or body with an interest in the Commissioner’s report, they shall not conclude their consideration of the Commissioner’s report without also having taken into consideration a report by a person or body with no interest in the Commissioner’s report.
No member of an authority to which this Part of this Act applies or of a committee or board mentioned in subsection (2) or (3) above shall vote on any question with respect to a report or further report under this Part of this Act in which he is named and criticised by the Commissioner.
If, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation— he shall consult with the appropriate Commissioner about the complaint and, if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint under the Act of 1967 or under the Act of 1993, as the case may be.
by the Parliamentary Commissioner, in accordance with section 5 of the Act of 1967, or
by the Health Service Commissioner for Scotland in accordance with the Act of 1993,
Where, by virtue of subsection (1) above, the Commissioner consults the Parliamentary Commissioner or the Health Service Commissioner in relation to a complaint under this Part of this Act, he may consult that Commissioner about any matter relating to the complaint, including—
the conduct of any investigation into the complaint, and
the form, content and publication of any report of the results of such an investigation.
If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of this Act, he shall consult with the Commissioner about the complaint and, if he considers it neccessary, inform the person initiating the complaint . . . of the steps neccessary to initiate a complaint under this Part of this Act.
the Act of 1967, or
Part VII of the Act of 1972,
Where, by virtue of subsection (3) above, the Commissioner is consulted about a complaint under the Act of 1967 . . ., subsection (2) above shall apply (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (1) above.
Nothing in section 11(2) of the Act of 1967, in section 15 of the Act of 1993, or in section 30(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information by any of the Commissioners mentioned in this section, or by any of their officers, in the course of consultations held in accordance with this section.
In this section the “ Act of 1967” means the Parliamentary Commissioner Act 1967 and the “Act of 1993” means the Health Service Commissioners Act 1993.
In this Part of this Act, unless the context otherwise requires—
“ part residential subjects ” shall be construed in accordance with the provisions of section 99(1) of the Local Government Finance Act 1992;
“action” includes failure to act, and other expressions connoting action shall be construed accordingly;
Provided that if the proprietor, tenant or occupier of the lands and heritages has intimated in writing to the assess . . ., the alteration in the roll shall have effect as from the date of the event or as from the beginning of the year in which intimation of the event is made, whichever is the later, . . . and the date on which any alteration in the roll made under this section comes into effect shall be stated in the roll.
made under subsection (1A) above following upon a proposal made by virtue of section 3ZA(2)(b) or an appeal under section 3ZB(1) in relation to such a proposal by a person who has become the proprietor, tenant or occupier of lands and heritages shall have effect only as from the date when he became such proprietor, tenant or occupier;
" person aggrieved " means the person who claims or is alleged to have sustained any such injustice as is mentioned in section 24(1) of this Act;
" the Parliamentary Commissioner " means the Parliamentary Commissioner for Administration;
“the Parliamentary Commissioner” means the Parliamentary Commissioner for Administration;
" the designated body " means the body designated under section 22 of this Act;
It is hereby declared that nothing in this Part of this Act authorises or requires the Commissioner to question the merits of a decision taken without maladministration by an authority in the exercise of a discretion vested in that authority.
In this Part of this Act (other than section 24), references to the authority concerned are—
in relation to action taken by a person who is discharging by virtue of section 56(1) of the Act of 1973 any of the functions of a local authority, references to the local authority whose functions that person is discharging;
in relation to action taken by a member or officer of a body which is discharging by virtue of section 56(1) of the Act of 1973 any of the functions of a local authority, references to the local authority whose functions that body is discharging;
in relation to action taken by a member or officer of an authority to which this Part of this Act applies, (and except where paragraph (a) or (b) above applies) references to the authority of which he is a member or officer.
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In Schedule 3 to the Social Work (Scotland) Act 1968 (children’s panels), for paragraph 8 there shall be substituted the following paragraph—.
The Secretary of State may by order make provision for the transfer to the employment of local authorites of persons of descriptions specified in the order who are for the time being employed in social work by Health Boards; and the order may include provision—
for transfers in pursuance of the order to be made on such days as may be determined by or under the order; and
as to the manner of determining whether an individual is a person liable to be transferred by virtue of this subsection and which authority is the authority to whose employment such a person is to be transferred.
A person transferred by virtue of subsection (1) above to the employment of a local authority shall not be required in the course of that employment to perform duties otherwise than at or in connection with a hospital or other health service establishment unless he has consented to perform such duties.
It shall be the duty of the Secretary of State by order to make provision for securing, in the case of a person transferred to the employment of a local authority by virtue of subsection (1) above— and an order made in pursuance of this subsection may contain provision for the determination of questions arising with respect to the effect in relation to any person of provision made by virtue of paragraphs (a) to (c) above.
that, while he is in the employment of that authority and has not been served with a notice in writing stating that it is served for the purposes of this subsection and specifying such new terms and conditions of employment as are mentioned in paragraph (b) below, the scale of his remuneration and, taken as a whole, the other terms and conditions of his employment by that authority are not less favourable to him than were immediately before the transfer those of the employment by the Health Board;
that any new terms and conditions determined by that authority for his employment by them are such that—
so long as he is engaged in duties reasonably comparable to the duties in which immediately before the transfer he was engaged in the employment by the Health Board, the scale of his remuneration and, taken as a whole, the other terms and conditions of his employment by that authority are not less favourable to him than were, immediately before the transfer, those of the employment by the Health Board, and
so long as he is engaged in duties not so comparable, the terms and conditions of his employment by that authority (excluding terms as to remuneration) are, taken as a whole, not less favourable than as mentioned in sub-paragraph (i) above;
that for the purposes of any enactment specified in the order the employments from which and to which he was transferred by virtue of subsection (1) above are treated as one continuous employment;
A statutory instrument containing any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any power to make orders or regulations conferred on the Secretary of State by any provision of this Act shall be exercisable by statutory instrument.
Any power to make an Order in Council or other order under any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.
Any order under this Act may contain such incidental, consequential and supplementary provisions as appear to the Secretary of State to be necessary or proper for bringing the order into operation and giving full effect thereto.
There shall be defrayed out of money provided by Parliament—
any administrative expenses incurred by the Secretary of State under this Act;
any increase attributable to the provisions of this Act in the sums payable out of such money under any other enactment.
In this Act, unless the context otherwise requires—
“the Act of 1947” means the Local Government (Scotland) Act 1947;
Any alteration to the roll—
“prescribed” ... means prescribed by an order made by the Secretary of State ,and cognate expressions shall be construed accordingly ;
" advance ", in relation to the loans fund and a borrowing account of a local authority, means the transfer of money by way of loan from the loans fund to the appropriate borrowing account in exercise of a statutory borrowing power;
“fixed period”, in relation to any sum advanced to a borrowing account or to a relevant authority, means such period not exceeding 30 years from the date of the advance as the local authority determine or such other period as the Secretary of State may determine in any particular case or , from time to time, for any class of cases or for the purpose of any enactment;
In this subsection, “formula valued lands and heritages” are lands and heritages which have, or lands and heritages of a class or description which has, been prescribed for the purposes of subsection (1) above.
“ non-domestic rate ” shall be construed in accordance with the provisions of section 7A of this Act;
Expressions used in this Act and in the Act of 1973 shall have the same meanings in this Act as in that Act.
The Secretary of State may by order amend the definition of “ year of revaluation ” in subsection (1) above by substituting, for the financial year for the time being specified in that definition by reference to two calendar years, a different financial year so specified.
An order under subsection (3) above shall have no effect until aproved by resolution of each House of Parliament.
Part I of Schedule 6 to this Act shall have effect for the purpose of making general adaptation of enactments consequential on section 5 of this Act, and of the Valuation Acts and of any enactment having effect by virtue of those Acts consequential on section 18 of this Act, and the enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in that Part, being modifications and amendments which are consequential on the provisions of this Act and minor amendments.
The enactments specified in Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Local Government (Scotland) Act 1975.
This Act (except this section) shall come into operation on such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.
Any reference in this Act to the commencement of any provision thereof shall be construed as a reference to the day when that provision comes into force.
Any reference in this Act to any other enactment shall be construed as referring to that enactment as amended by or under any other enactment, including this Act.
Any proceedings pending before a valuation appeal committee or the Lands Valuation Appeal Court before the commencement of this Act may be continued as if they had been brought by virtue of this Act.
This Act, except paragraph 5 of Schedule 3 and except in so far as it relates to the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975, extends to Scotland only.
Any lands and heritages occupied for the purposes of a water undertaking within the meaning of section 46(1) of the Act of 1966, other than excepted premises as defined in paragraph 1 of Schedule 2 to that Act.
Any lands and heritages consisting of railway or canal premises which by virtue of Part V of the Local Government Act 1948 are not liable to be rated.
Any lands and heritages which the British Gas Corporation are to be treated as occupying in a separately rated area by virtue of section 24 of the Valuation and Rating (Scotland) Act 1956.
Any lands and heritages consisting of premises occupied by the North of Scotland Hydro-Electric Board, or the South of Scotland Electricity Board which by virtue of Part V of the Local Government Act 1948 are not liable to be rated.
Any lands and heritages occupied by the Post Office by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building, being property used for the purposes of telecommunications services.
Any lands and heritages occupied by the National Coal Board.
Any other lands and heritages which— Any reference in sub-paragraph (1) above to a mine or quarry includes a reference to a well or bore-hole or a well and bore-hole combined. Subject to sub-paragraph (2) above, expressions used in sub-paragraph (1) above and in the Mines and Quarries Act 1954 have the same meanings in sub-paragraph (1) above as in that Act.
Any lands and heritages occupied by the persons carrying on, under authority conferred by or under any enactment, a dock or harbour undertaking.
Any lands and heritages occupied by the persons carrying on an undertaking for the diffusion by wire of sound or television programmes.
Any lands and heritages occupied by persons carrying on (otherwise than under authority conferred by or under any public general enactment) an undertaking for the generation of electricity by water power.
Section 12.
For section 2 (rate support grants), there shall be substituted the following section—.
In section 3(1) (rate support grant orders), for the words “The aggregate” there shall be substituted the words “ The estimated aggregate ”.
For section 4 (variation of orders, etc.), there shall be substituted the following section—.
In section 7(1) (reduction of rates on dwellings by reference to the domestic element), after the words “that year” there shall be inserted the words “ for their area ”.
In Part I of Schedule 1 (the needs element)—
after paragraph 1 there shall be inserted the following paragraph— ;
inparagraph 3, for the words “the foregoing paragraphs” there shall be substituted the words “ paragraph 1 above ” and at the end there shall be added the words “ or of a prescribed amount of the needs element to such classess of authorities or to any such authority as may be prescribed. ”.
For Part II of Schedule 1 there shall be substituted the following Part—.
In paragraph 1 of Part III of Schedule 1 (the domestic element), at the end there shall be added the words “ and different amounts in the pound may be so prescribed for the raeas of different rating authorities ”.
Section 16.
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for the purpose of defraying expenses (including the payment of sums due by them to meet the expenses of other authorities) pending the receipt of revenues receivable by them in respect of the year in which those expenses are chargeable ;
for the purpose of the raising of a loan in the exercise of any statutory borrowing power.
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The Secretary of State may by regulations made with the consent of the Treasury— Different provisions may be made under this paragraph for securities of different classes. A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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any limit on the amount which each authority may borrow shall apply to the amount which each authority receive from the joint loan ;
paragraph 8 above shall apply to the money so borrowed as if references to a local authority were references to the local authority by whom the money is received.
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by borrowing in accordance with this Schedule and carrying to the loans fund such sums as are necessary to enable that fund to make to the appropriate borrowing account of the local authority or to a relevant authority the advances which are required for the purpose for which the statutory borrowing power is available ; and
by making from the loans fund such advances to the appropriate borrowing account of the local authority or to a relevant authority, as the case may be.
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Subject to the provisions of this Schedule, a local authority may establish any of the following funds— A fund established by a local authority under this paragraph shall not be used to meet, directly or indirectly, any expenditure incurred by the authority for the purposes of . . . a statutory undertaking of the authority, being a transport, district heating, harbour, dock, pier or ferry undertaking or a market or civic restaurant ; and if the renewal and repair fund or the insurance fundis used so to meet expenditure incurred by the authority in relation to any house, or other property, to which their housing revenue account relates, the amount in question shall, subject to paragraph 1(7) of Schedule 4 to the Housing (Financial Provisions) (Scotland) Act 1972, first to be carried to the credit of that account. In this sub-paragraph, “pier” and “ferry” do not include a pier or ferry provided under section 2(2) of the Local Government (Development and Finance) (Scotland) Act 1964. Notwithstanding anything in any enactment, pending the application of any such fund as aforesaid for the purposes authorised by this paragraph, the money in the fund shall (unless applied in any other manner authorised by any enactment) be used for any purpose for which a local authority may borrow money or invested in accordance with regulations made under section 40 of the Local Government in Scotland Act 2003 (asp 1). The provisions of this paragraph shall be in addition to and not in substitution for any other enactment authorising a local authority to establish a fund for a purpose for which a fund may be established under this paragraph; and a local authority may amalgamate any fund established by them under any other enactment with any corresponding fund established by them under this paragraph.
Subject to sub-paragraph (2) below, a local authority by whom a capital fund is established under paragraph 22 above may pay into that fund— and shall pay into that fund a sum equal to the amount of any income arising from the fund. Except with the consent of the Secretary of State, money received from the disposal of any property to which the local authority’s housing revenue account relates shall not be paid into any such capital fund. All money applied from any such capital fund may, if the local authority think fit, be repaid from the account to which that money is advanced by such annual instalments (with or without interest) and within such period as the local authority may determine.
A local authority by whom a renewal and repair fund , or an insurance fund,is established under paragraph 22 above may from time to time pay into that fund such sums as they may by resolution direct. The purposes for which any such renewal and repair fund may be applied shall not include the defraying of expenditure of an undertaking of the local authority in respect of which the authority are authorised to provide a reserve fund.
Notwithstanding anything in any enactment, a local authority may use, for any purpose for which the authority has a statutory borrowing power, any money forming part of, but not for the time being required for the purposes of, any fund of theirs to which this paragraph applies; and where any such money is so used the following provisions of this paragraph shall have effect. The money so used shall be repaid to the said fund as follows:— The statutory borrowing power shall be deemed to be exercised by the use of money under this paragraph as fully in all respects as if a loan of the same amount had been raised in exercise of the power. This paragraph applies to any fund established for the repayment of debt, or as a reserve, or for the maintenance, renewal or repair of property, or for superannuation of staff, or for insurance, or otherwise for meeting future expenditure of a capital or non-recurring nature, or for any like purpose. In this paragraph “statutory borrowing power” does not include the power to borrow by way of temporary loan or overdraft conferred by paragraph 3 above. The powers conferred by this paragraph are in addition to, and not in derogation of, the powers conferred by or under any other enactment.
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Subject to . . . sub-paragraph (2) below, the provisions of this Schedule shall, subject to any necessary modifications, apply to a joint board having power to borrow money, the Strathclyde Passenger Transport Authority and a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005 as they apply to a local authority. The Secretary of State may by regulations make such provisions as seem to him necessary or expedient with respect to the application of the provisions of this Schedule to— A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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In this Schedule, unless the context otherwise requires—
" borrowing account ", in relation to a local authority, means an account of the authority relating to a purpose for which the authority have a statutory borrowing power ;
“borrowing account”, in relation to a local authority, means an account of the authority relating to a purpose for which the authority have a statutory borrowing power;
" fixed period ", in relation to any sum advanced to a borrowing account or to a relevant authority, means such period not exceeding 30 years from the date of the advance as the local authority determine or such other period as the Secretary of State may determine in any particular case or for the purpose of any enactment;
“ council water charge” shall be construed in accordance with the provisions of paragraph 6 to Schedule 11 to the Local Government Finance Act 1992;
“mortgage” means a deed containing an assignation by way of security of the funds, rates and revenues of a local authority;
A person shall be disqualified for being appointed as, or for being, the Commissioner if— The acts and proceedings of a person appointed as the Commissioner and acting in that office shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.
The Commissioner, during his term of office and for 3 years thereafter, shall be disqualified for being appointed to any paid office by any of the authorities mentioned in section 23 of this Act.
The designated body shall pay to, or in respect of— as the Secretary of State may determine; but any such amount which the Secretary of State determines to be payable to, or in respect of, the Commissioner or any person who has held the office of Commissioner shall be subject to the approval of the Treasury. If a person ceases to be the Commissioner and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the designated body shall pay to that person a sum of such amount as the Secretary of State may, with the consent of the Treasury, determine.
The Commissioner may appoint a secretary and such other officers as he may consider to be required for the discharge of his functions, but the amount of remuneration payable to the secretary and such officers and the number of such officers to be appointed shall be subject to the approval of the designated body. The designated body shall, after consultation with the Commissioner, make such arrangements as they may consider to be required for the provision of offices and other accommodation in connection with the discharge of the Commissioner’s functions. Any function of the Commissioner . . . may be performed by any of his officers who is authorised for the purpose by the Commissioner.
Subject to section 29(2H) of this Act, all reasonable expenses incurred by the Commissioner and his officers shall be defrayed by the designated body.
The Commissioner for Local Administration in Scotland;
The commencement or conduct of civil or criminal proceedings before any court of law.
Action taken by any police authority or any joint police boarde constituted by an amalgamation scheme made or approved under the Police (Scotland) Act 1967 in connection with the investigation or prevention of crime.
Action taken in matters relating to contractual or other commercial transactions of any authority to which Part II of this Act applies, including transactions falling within sub-paragraph (2) below but excluding transactions falling within sub-paragraph (3) below. The transactions mentioned in sub-paragraph (1) above as included in the matters which, by virtue of that sub-paragraph, are not subject to investigation are all transactions of an authority to which Part II of this Act applies relating to the operation of public passenger transport, the carrying on of a dock or harbour undertaking, the provision of entertainment, or the provision and operation of industrial establishments and of markets. The transactions mentioned in sub-paragraph (1) above as not included in those matters are—
Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.
Any action concerning— in any educational establishment under the management of an education authority.
the giving of instruction, whether secular or religious, or
conduct, curriculum, internal organisation, management or discipline,
Section 38(1)
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Any reference in the Valuation Acts or in any enactment having effect by virtue of those Acts to “year”, however expressed, shall be construed as respects the year 1975-76 as a reference to a period commencing on 16th May 1975 and ending on 31st March 1976 and as respects any later year as a period of twelve months ending with 31st March.
In section 7 (assessor may call for written statement of rent)—
for the words from “within the county or burgh” to “such county or burgh” there shall be substituted the words “ within his area for a return containing such particulars as may be reasonably required for the purpose of enabling him to value the lands and heritages ” ;
for the words “of such yearly rent or other particulars as aforesaid” there shall be substituted the words “ in such return ”.
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the words " in each year " shall cease to have effect;
for the words " every entry in his valuation roll" there shall be substituted the words " the direction given by him under section 5 of the Local Government (Scotland) Act 1975 ";
after the words " such valuation " there shall be inserted the words " as contained in the direction ".
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For section 35 (valuation rolls preserved in the General Register House), there shall be substituted the following section—.
In section 42 (interpretation), in the definition of “machinery fixed or attached” (set out in section 1 of the Lands Valuation (Scotland) Amendment Act 1902) the words “save as herein provided” shall cease to have effect and at the end there shall be added the words “ nor, after the year 1977-78, include any electric motor used in any industrial or trade process, whether in a building or not ”.
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in paragraph 25(b), for the words " local authority of every " there shall be substituted the words " council of every region or ";
in paragraph 27, for the words from " exceeding " to the end there shall be substituted the words " l0p for every hundred words contained in the copy, as they may determine ";
in paragraph 30, for the words from " exceeding " to the end there shall be substituted the words " 20p for every copy as the authority or board may determine ";
in paragraph 31, for the words "clerk or secretary" there shall be substituted the words " proper officer ".
In section 3 (financial provisions), in subsection (1) the words from “and form of the account” to the end, and in subsection (2) the words from “and if the account” to the end shall cease to have effect.
In section 235 (rating authority may require power to furnish statement of lets)—
in subsection (1) the words “and of the rents for which the same are let” shall cease to have effect ;
in subsection (2), for the words “ten pounds” and “twenty pounds” there shall be substituted respectively the words “ £50 ” and “ £100 ”, and the words “or the rent of any of the said lands and heritages” shall cease to have effect.
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in subsection (1) for the words from "year from Whitsunday" to the end there shall be substituted the words " financial year, or, in the case of lands and heritages which are first entered in the valuation roll during the course of the financial year, throughout the whole of the period between the date when such entry becomes effective and the end of the financial year ";
in subsection (2) for the words from " year from " to " fit" there shall be substituted the words " financial year, the rating authority shall ".
In section 100(3) (provisions as to making and division of payments for benefit of local authorities), for the words from “according to their” to the end there shall be substituted the words “ among local authorities or any classess thereof in accordance with regulations made by him under section 11 of the Local Government (Scotland) Act 1973. ”.
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In section 20(1) (provisions as to levying of, and exemptions from, rates), after " requisitions)" there shall be inserted the words " Part VII of the Local Government (Scotland) Act 1973 and sections 7 to 10 of the Local Government (Scotland) Act 1975 ".
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in subsection (1), the words " in each year " shall cease to have effect, and for the words " entry proposed to be made by such Assessor in his valuation roll" there shall be substituted the words " direction proposed to be given by such Assessor under section 5 of the Local Government (Scotland) Act 1975 ";
in subsection (2), for the word " entry " wherever it occurs and for the words " his valuation roll" there shall be substituted respectively the words " direction " and " such direction ".
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For section 6 (charges for inspection of ships), there shall be substituted the following section—.
In section 13 (time for giving notices etc.)—
at the end of subsection (1) there shall be added the words “ ; and an order under this section may relate to local authorities generally or to any class of local authority ” ;
subsection (2) shall cease to have effect.
In section 43(1) (interpretation), in the definition of “the Valuation Acts” at the end there shall be added the words “ and the Local Government (Scotland) Act 1975 ”.
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In section 9 (meaning of product of a rate of one penny in the pound and standard penny rate product)—
in subsection (3) for the words from “amount” to the end there shall be substituted the words “ product of the weighted population of the district or islands area and the national standard amount per head for that year. ” ;
subsection (4) shall cease to have effect ;
in subsection (5) after the word “area” there shall be inserted the words “ and the national standard amount per head ”.
In section 15 (proceedings before valuation appeal committees)—
in subsection (2) for the words “5 of the Act of 1956” there shall be substituted the words “ 4 of the Local Government (Scotland) Act 1975 and the procedure in appeals and complaints to the committees ” ;
for subsection (3) there shall be substituted the following subsection—.
In section 22 (miscellaneous amendments of Act of 1956 repating to valuation and rating), in paragraph (d) for the words from “in years” to the end there shall be substituted the words “ as he may consider appropriate ”.
In section 26(1) (interpretation), in the definition of “year of revaluation” for the words “9 of Act of 1956” there shall be substituted the words “ 37 of the Local Government (Scotland) Act 1975 ”.
In section 6(1) (re-borrowing powers of public authorities), for the words “section 277(1) of the Local Government (Scotland) Act 1947” there shall be substituted the words “ Scheduel 3 to the Local Government (Scotland) Act 1975 ”.
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in paragraph 1(1)(b) for items (i) and (ii) there shall be substituted the following item—;
in paragraph 4(1) for the words " paragraph 5(3)" there shall be substituted the words " paragraphs 5(3) and 5A ";
after paragraph 5 there shall be inserted the following paragraph—.
In section 2 (new form of local loan and automatic charge for securing it)— ;
for subsection (1)(b) there shall be substituted the following paragraph—¢;
in subsection (3), for the words “Part XII of the said Act of 1947” there shall be substituted the words “ Schedule 3 to the Local Government (Scotland) Act 1975 ” ;
in subsection (5), for the words “section 261 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ paragraph 8 of Schedule 3 to the said Act of 1975 ”.
In Schedule 7 (provisions as to local bonds), in paragraph 6 for the words “Part XII of the Local Government (Scotland) Act 1947” there shall be substituted the words “ Schedule 3 to the Local Government (Scotland) Act 1975 ”.
In section 15 (valuation according to tone of roll), in subsection (1), for the words “for a year other than a year of revaluation” there is substituted the words “ at any time the valuation roll is in force ”.
In section 24 (liability to be rated in respect of certain unoccupied property)—
in subsections (1), (4) and (5) for the words “three months” there shall be substituted the words “ six months ”. ;
subsections (2) and (3) shall cease to have effect.
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subsection (2) shall cease to have effect;
in subsection (3), for the words " three months " there shall be substituted the words " six months " and in paragraph (d) for the words " Minister of Public Building and Works " there shall be substituted the words " Secretary of State ".
In section 27 (notification of unoccupied dwelling-houses)—
in subsection (2), the words “subject to the next following subsection” and the words from “and no reduction” to the end shall cease to have effect ;
subsection (3) shall cease to have effect ;
in subsection (4) for the word “rating” there shall be substituted the word “ local ”.
In section 46(1) (general interpretation), in the definition of “year of revaluation” for the words “9 of the Valuation and Rating (Scotland) Act 1956” there shall be substituted the words “ 37 of the Local Government (Scotland) Act 1975 ”.
In Schedule 2 (valuation of water undertakings)—
in paragraph 1, the words “and shall enter such value in the valuation roll” shall cease to have effect ;
in paragraph 2, for the words “entered in the valuation roll referred to in” there shall be substituted the words “ determined by the Assessor in accordance with ” ;
in paragraph 4, for the words “31st December” there shall be substituted the words “ such date as may be prescribed ” ;
in paragraph 16, after the words “Assessor shall” there shall be inserted the words “ give a direction under section 5 of the Local Government (Scotland) Act 1975 to the local assessor to ” ;
in paragraph 17, after the words “and shall” there shall be inserted the words “ give a direction under section 5 of the Local Government (Scotland) Act 1975 to the local assessor to ” ;
in paragraph 19, for the words “31st December” there shall be substituted “ such date as may be prescribed ” ;
paragraph 23 and, in paragraph 27, the definition of “valuation roll” shall cease to have effect.
In Schedule 3 (rating of unoccupied property), in paragraph 3(6) for the words “349 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ 192 of the Local Government (Scotland) Act 1973 ”.
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In paragraph 1 of Schedule 4 (local loans), for the words “379(1) of the Local Government (Scotland) Act 1947” there shall be substituted the words “ 235(1) of the Local Government (Scotland) Act 1973 ”.
In section 12(7)(b) (borrowing powers of Executive), for the words “section 278 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ paragraph 26 of Schedule 3 to the Local Government (Scotland) Act 1975 ”.
In section 19(1) (transfer of control of bus services to Executive), for the words from “Minister has received” to “a copy of” there shall be substituted the words “ Authority for a designated area have caused to be published ”.
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In section 5 (interpretation), in the definition of “local authority”, for the words “a town council or a county” there shall be substituted the words “ , in sections 1 and 2, a regional or islands council, and in section 3, a regional, islands or district ”.
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in subsection (2), for the words " Secretary of State may by order " there shall be substituted the words " local authority may ";
subsection (3) shall cease to have effect.
In section 49 (application of sections 45 to 47 to certain bodies)—
subsection (1)(b) shall cease to have effect ;
after subsection (1) there shall be inserted the following subsection:—.
In section 94 (capital expenses), after subsection (1) there shall be inserted the following subsection—.
In section 97(6) (Commission for Local Authority Accounts in Scotland), after the words “includes”, “Audit,” and “accountants, and” there shall be inserted respectively the words “ (a) ”, “ (b) ” and “ (c) ”.
In section 113 (persons eligible for rate rebates)—
for paragraph (b) of subsection (1) there shall be substituted the following paragraph— ;
subsection (3) shall cease to have effect ;
in subsection (4) for the word “paragraph” there shall be substituted the words “ paragraphs (b) and ” and at the end the shall be added the words “ ; but indetermining any such question the sheriff shall have regard to any apportionment shown in the valuation roll ”.
In section 125 (school and college councils), after subsection (3) there shall be inserted the following subsections—.
In section 183(1) (directions relating to specialist advice), for paragraphs (b) and (c) there shall be substituted the following paragraph—.
In section 194 (execution of deeds by local authority and use of seal), in subsection (1), for the words “this Act” there shall be substituted the words “ any enactment ”.
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in subsection (1), at the beginning there shall be inserted the words " Subject to subsection (1A) below ";
after subsection (1) there shall be inserted the following subsection—.
In Schedule 7 (meetings and proceedings of local authorities)—
in paragraph 2(4) after the words “a council” there shall be inserted the words “ and any other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders ” ;
in paragraph 5(1) after the word “Act” there shall be inserted the words “ and to an yprovisions of standing orders relating to the suspension of such orders ” ;
in paragraph 5(2) after the word “appointment” there shall be inserted the words “ of a member of the council ”.
In Schedule 14 (amendment of enactments relating to roads), paragraphs 55 and 56 shall cease to have effect.
In Schedule 17 (amendment of enactments relating to water)—
for paragraph 1 there shall be substituted the following paragraph— ;
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In Schedule 23 (amendment of enactments relating to planning), in paragraph 2(b) for the words from “a general” to the end there shall be substituted the words “ an islands or district council ”.
In Schedule 29 (repeals), the entry relating to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall cease to have effect and paragraph 9 of Schedule 1 to that Act is hereby revived, and incolumn 3 of the entry relating to the Local Government (Scotland) Act 1966 for the words “30, subsections (3) and (4). Sections 31 and” there shall be substituted the words “ 30(4) the words from “section 149” to “Act)”. Section ”.
In section 3 (conditions for approval of applications for improvement grant), in subsection (2)(c)(ii), for the words “last authenticated prior to” there shall be substituted the words “ inforce on ”.
In Part III of Schedule 1, in the entry relating to local government officers the words from “County clerk or” to the end of the entry shall cease to have effect.
Her Majesty’s lord-lieutenant or lieutenant for a region in Scotland. Any constituency comprising the whole or part of such part of the region as may be determined by Order in Council made by Her Majesty in which the lord-lieutenant holds office or in which the lord-lieutenant or lieutenant discharges his functions. Her Majesty’s lord-lieutenant or lieutenant for an islands area in Scotland. Any constituency comprising the whole or part of the islands area for which the lord-lieutenant or lieutenant is appointed or for which the lord-lieutenant holds office. Her Majesty’s lord-lieutenant or lieutenant for the district or city of Aberdeen, Dundee, Edinburgh or Glasgow. Any constituency comprising the whole or part of the district in which the lord-lieutenant holds office or for which the lieutenant is appointed.
In Part III of Schedule 1, in the entry relating to local goverment officers the words from “County clerk or” to the end of the entry shall cease to have effect.
Section 38(2). Chapter Short title Extent of Repeal 17 & 18 Vict. c. 91. The Lands Valuation (Scotland) Act 1854. Sections 1, 5, 9, 11, 12, 17, 18 and 23. In section 24, the words “in each year”. Section 27. In section 42, in the definition of “machinery fixed or attached” (set out in section 1 of the Lands Valuation (Scotland) Amendment Act 1902), the words “save as herein provided”. 48 & 49 Vict. c. 16. The Registration Amendment (Scotland) Act 1885. The whole Act. 57 & 58 Vict. c. 36. The Valuation of Lands (Scotland) Acts Amendment Act 1894. Sections 2, 3, 5 and 6. 16 & 17 Geo. 5. c. 47. The Rating (Scotland) Act 1926. In section 29, the definition of “valuatio n roll”. 8 & 9 Geo. 6. c. 18. The Local Authorities Loans Act 1945. Section 8. 10 & 11 Geo. 6. c. 22. The Civic Restaurants Act 1947. In section 3, in subsection (1) the words from “and the form of the account” to the end, and in subsection (2) the words from “and if the account” to the end. 10 & 11 Geo. 6. c. 43. The Local Government (Scotland) Act 1947. Sections 221, 223, 228, 229, 231, 232 and 234. In section 235, in subsection (1), the words “and of the rents for which the same are let” and in subsection (2), the words “or the rent for any of the said lands and heritages”. Paart XII. Schedules 6, 7 and 8. 11 & 12 Geo. 6. c. 26. The Local Government Act 1948. In section 124, in subsection (2), the word “and” at the end of paragraph (a) and paragraph (b), and subsection (3). 14 & 15 Geo. 6. c. 66. The Rivers (Prevention of Pollution) (Scotland) Act 1951. Section 7. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 47. The Rating and Valuation (Scotland) Act 1952. In section 3(1), the words “in each year”. 3 & 4 Eliz. 2. c. 13. The Rural Water Supplies and Sewerage Act 1955. Section 1(3). 4 & 5 Eliz. 2. c. 60. The Valuation and Rating (Scotland) Act 1956. Sections 5, 9, 10 and 11. Section 13(2). Section 15 and 19. Schedule 2. 10 & 11 Eliz. 2. c. 9. The Local Government (Financial Provisions etc.) (Scotland) Act 1962. In section 4(9) the words from “or by any” to the end. Section 6. Section 7. Section 9. In Schedule 2, paragraph 4. 1963 c. 12. The Local Government (Financial Provisions) (Scotland) Act 1963. Section 3. Section 9(4). Sections 13 and 21. In section 22, paragraphs (a), (b) and (e). 1964 c. 67. The Local Government (Development and Finance) (Scotland) Act 1964. Sections 8 to 12. The Schedule. 1965 c. 63. The Public Works Loans Act 1965. Section 2(2). In the Schedule. paragraph 10. 1966 c. 9. The Rating Act 1966. Sections 2, 3 and 4. 1966 c. 51. The Local Government (Scotland) Act 1966. In section 6, subsections (3) and (4). In section 13, paragraphs (a) and (c). Section 14(2). In section 24, subsections (2) and (3). Section 25(2). In section 27, in subsection (2), the words “subject to the next following subsection” and the words “and nor reduction” to the end, and subsection (3). Section 28(3)(a). In section 46(1), in paragraph 1, the words “and shall enter such value in the valuation roll”, paragraph 23, and in paragraph 27, the definition of “valuation roll”. 1967 c. 76. The Road Traffic Regulations Act 1967. In sections 72(6)(b) and 84B(8)(b) the words “for the purposes of advances under section 8 of the Development and Road Improvement Funds Act 1909”. 1967 c. 78. The Water (Scotland) Act 1967. Sections 10 and 17. 1968 c. 13. The National Loans Act 1968. In section 6(1), the entry relating to section 1(3)(b) of the Rural Water Supplies and Sewerage Act 1955. 1968 c. 73. The Transport Act 1968. IN scetion 15(4), the words from “to the provisions” to the end. Section 138(6). 1970 c. 4. The Valuation for Rating (Scotland) Act 1970. In section 2(1), the definition of “valuatio n roll”. 1972 c. 46. The Housing (Financial Provisions) (Scotland) Act 1972. In Schedule 9, paragraphs 2, 3 and 14. 1973 c. 60. The Breeding of Dogs Act 1973. Section 1(3). 1973 c. 65. The Local Government (Scotland) Act 1973. Section 49(1)(b) and (f). Section 113(3). In section 210(1) the words “or under any other enactment” where they first occur. In Schedule 9, paragraphs 3, 4, 5, 8, 13 to 15, 45 and 46, in paragraph 54(b) the words from “for the words “burgh or landward area”” to the end, and paragraph 57. In Schedule 14, paragraphs 55 and 56 and the entry relating to the Local Government (Footpaths and Open Spaces) (Scotland) 1970. In Schedule 17, paragraphs 25, 36 and 40. In Schedule 29, the entries relating to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and to sections 10 and 17 of the Water (Scotland) Act 1967. 1975 c. 24. The House of Commons Disqualification Act 1975. In Part III of Schedule 1, in the entry relating to local government officers the words from “County clerk or” to the end of the entry. 1975 c. 25. The Northern Ireland Assembly Disqualification Act 1975. In Part III of Schedule 1, in the entry relating to local government officers the words from “County clerk or” to the end of the entry.