Djibouti - Geothermal Exploration Project : Credit 1488 - Credit Agreement - Conformed
The Local Government Finance Act 1988 (referred to in this Part as “the 1988 Act”) is amended as set out in Schedule 1 (which provides for mandatory or discretionary relief from non-domestic rates for certain hereditaments in rural settlements).
Part III of the 1988 Act is amended as set out in subsections (2) to (6) (which provide for the abolition of liability to non-domestic rating in respect of sporting rights).
In section 64(4) (relevant hereditaments), paragraph (d) (rights of sporting severed from occupation of land) is omitted.
In section 65 (owners and occupiers of hereditaments or land)—
in subsection (3), for “subsections (4) to (9) below” there is substituted “ the following provisions of this section ”, and
subsection (9) (owners and occupiers of rights of sporting) is omitted.
In Schedule 5 (hereditaments exempt from local non-domestic rating), paragraphs 10 (certain fishing rights) and 14(3) (fishing and shooting rights of drainage authorities) are omitted.
In Schedule 6 (rateable value of non-domestic hereditaments), after paragraph 2B there is inserted—
In paragraph 3 of Schedule 6 (alternative rules for determination of rateable value of certain hereditaments), in sub-paragraphs (1)(a) and (2)(a), for “2B” there is substituted “ 2C ”.
After section 65 of the 1988 Act there is inserted—.
In Schedule 5 to the 1988 Act (hereditaments exempt from non-domestic rating), after paragraph 19 there is inserted—
Schedule 2 (which provides for mandatory or discretionary relief from non-domestic rates for certain lands and heritages ...) is to have effect.
Enactments relating to non-domestic rating apply to the Crown as they apply to other persons.
Accordingly, liability to a non-domestic rate in respect of lands and heritages is not affected by the fact that—
the lands and heritages are occupied by the Crown or by a person acting on behalf of the Crown or are used for Crown purposes, or
the Crown or a person acting on behalf of the Crown is entitled to possession of the lands and heritages.
Section 3(1) of the Local Government (Scotland) Act 1975 is to have effect as if the reference to making an alteration in the valuation roll under the enactments there mentioned included a reference to the coming into force of this section.
If (apart from this subsection) relevant lands and heritages would be treated as justifying two or more separate entries in the valuation roll, the lands and heritages are to be treated—
as justifying only one such entry, and
as occupied by the person mentioned in subsection (5)(b) appearing to the rating authority to occupy the largest part of the lands and heritages to which the single entry relates.
“Relevant lands and heritages” are lands and heritages which—
if they were occupied by a single occupier, would attract a single entry in the valuation roll, and
are occupied by more than one of any of the following—
a Minister of the Crown,
a Government department, or
an officer or body exercising functions on behalf of the Crown.
Subsection (4) does not apply to lands and heritages provided or maintained by a local authority or joint board (within the meaning of the Local Government (Scotland) Act 1973).
The Secretary of State may by order amend subsection (6) so as to alter the persons for the time being referred to there.
Subsection (4) does not affect the power conferred by section 6A of the Valuation and Rating (Scotland) Act 1956.
In this section—
“financial year” means the twelve months ending with 31st March,
“enactment” includes any subordinate legislation (within the meaning of the Interpretation Act 1978),
“non-domestic rate” is to be construed in accordance with section 7B of the Local Government (Scotland) Act 1975,
“non-domestic rate” is to be construed in accordance with section 7B of the Local Government (Scotland) Act 1975.
After this section comes into force, no lands and heritages which are occupied for the purposes of a visiting force, or a headquarters, in pursuance of arrangements made in that behalf with any Government department are to be entered in the valuation roll.
In this section—
“visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any provision of the Visiting Forces Act 1952.
“visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any provision of the Visiting Forces Act 1952.
Subject to subsection (2), the power to make an order under section 6 and Schedule 2 shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
The power to make an order under paragraph 3(2)(c)(ii)and 3A(9) of Schedule 2 shall be exercisable by statutory instrument, and no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
The power to make an order as mentioned in subsection (1) may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A district council, or a unitary county council, may conduct a review of the whole or any part of their area for the purpose of considering whether or not to make any recommendations within subsection (2) to the Secretary of State and (if they decide to do so) what recommendations.
The recommendations which the council may make following the review are recommendations for—
the constitution of a new parish by—
the establishment as a parish of any area which is not, and is not part of, a parish,
the aggregation of any such area with one or more parishes or parts of parishes,
the aggregation of parts of parishes,
the amalgamation of two or more parishes, or
the separation of part of any parish,
the abolition of a parish, with or without the distribution of its area among other parishes, or
the alteration of the area of a parish.
Subject to subsection (4), if the council make any recommendation for the constitution of a new parish, they must include recommendations for—
the establishment of a new parish council for the parish, and
the electoral arrangements for the council.
If the population of a new parish recommended by the council would include fewer than 200 local government electors, the council may include the recommendations mentioned in subsection (3), but are not under a duty to do so.
If the council make a recommendation for the alteration of the area of a parish which has a parish council, they may include recommendations for changes to the electoral arrangements for the council.
If the council make any recommendation within subsection (2), they may include a recommendation for the related alteration of the boundaries of any electoral division of a county, or ward of a district, within their area and any consequential alteration in the number of councillors to be elected for the ward.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If a district council or unitary county council decide to conduct a review under section 9, they must as soon as reasonably practicable take the steps they consider sufficient to secure that persons who may be interested in the review are informed of—
the decision to conduct the review,
the subject-matter of the review, and
the period within which representations about the subject-matter of the review may be made.
In conducting the review, the council must take into consideration any representations made to them within the period mentioned in subsection (1)(c).
After conducting the review, unless they decide not to make any recommendations to the Secretary of State, the council must —
prepare draft recommendations and take the steps they consider sufficient to secure that persons who may be interested in them are informed of them and of the period within which representations about them may be made,
deposit copies of the draft recommendations at their principal office and keep the copies available for inspection at that office throughout the period within which representations about them may be made, and
take into consideration any such representations made to them within that period.
If the council then decide to make any recommendations, they must send them to the Secretary of State and, as soon as they do so—
deposit copies of the recommendations at their principal office, and
take the steps they consider sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which the copies may be inspected.
Further, the council must keep the copies available for inspection at their principal office throughout the period within which they may be inspected.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If a district council or unitary county council receive a petition which complies with subsection (2) for— they must send the petition to the Secretary of State.
the constitution as a parish of an area (within their area) which is not wholly or partly within a parish, and
the establishment of a parish council for any such area,
The petition must—
be signed by not less than— whichever is the greater number of local government electors, and
250 local government electors for the area to which it relates, or
10 per cent. of the local government electors for that area,
define the area to which it relates, whether on a map or otherwise.
But if— the council may send the later petition to the Secretary of State, but are not under a duty to do so.
an earlier petition has been made to the council within the period of two years ending with the day when they received the petition,
in the opinion of the council the area to which the later petition relates covers the whole or a significant part of the area to which the earlier petition related, and
the council have sent the earlier petition to the Secretary of State under this section,
Where a council are under a duty, or decide, to send a petition to the Secretary of State under this section, they must send the petition, together with their views about it, to him before the end of the period of three months beginning with the day when they received it.
For the purposes of this section and sections 12, 13 and 14—
a petition proposing the constitution of any area as a parish is to be treated as if it also proposed the establishment of a parish council for the parish, and
a petition proposing the establishment of a parish council for any area is to be treated as if it also proposed the constitution of the area as a parish.
If a district council receive a petition falling within subsection (1), they must as soon as reasonably practicable notify any county council within whose area the district of the district council is situated of the proposals contained in the petition.
The county council may send their views about the proposals contained in the petition to the district council or the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The views which a district council or unitary county council send to the Secretary of State (together with a petition) under section 11 must— and may contain any other information or observations they think fit.
show whether or not they agree with the proposals contained in the petition, and
summarise any information the council have about the opinions held by local government electors in their area about the proposals,
Where a district council or unitary county council receive a petition which they propose to send to the Secretary of State under section 11 and decide to consider— they must inform the Secretary of State of their decision when they send him the petition.
the electoral arrangements for the proposed parish council, or
the related alteration of the boundaries of any electoral division of a county, or ward of a district, within their area and any consequential alteration in the number of councillors for that ward,
Further, if the council decide to consider either of those matters, they must—
as soon as reasonably practicable take the steps they consider sufficient to secure that persons who may be interested in any of those matters are informed of the period within which representations about them may be made, and
take into consideration any representations about those matters made to them within the period.
If the council then decide to make any recommendations to the Secretary of State about those matters, they must send them to the Secretary of State and, as soon as they do so—
deposit copies of the recommendations at their principal office, and
take the steps they consider sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which the copies may be inspected.
Further, the council must keep the copies available for inspection at their principal office throughout the period within which they may be inspected.
If the council decide not to make any recommendations to the Secretary of State about those matters, they must inform him of their decision as soon as reasonably practicable.
Any recommendations about those matters must be sent to the Secretary of State before the end of the period of six months beginning with the day when the council received the petition.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government Commission for England must consider any of the following matters which the Secretary of State directs it to consider—
where any recommendations are made to the Secretary of State under section 9, the recommendations and any matter relating to the recommendations which might have been covered in them,
where any petition is sent to him under section 11, the petition, any recommendations sent to him under section 12 relating to the petition, and any matter relating to the petition which might have been covered in such recommendations.
If the Commission is directed by the Secretary of State to consider any matters within subsection (1), the Commission must—
take the steps it considers sufficient to secure that persons who may be interested in those matters are informed of them and of the period within which representations about them may be made, and
take into consideration any such representations made to it within that period.
If the Commission decides not to make any further or different proposals about the matters it is directed to consider, the Commission must inform the Secretary of State of its decision.
If the Commission decides to make any further or different proposals, the Commission must—
send them to the Secretary of State, and
take the steps it considers sufficient to secure that persons who may be interested in its proposals are informed of them.
The Commission must provide the Secretary of State with any additional information he directs it to provide.
The power of the Secretary of State under this section to direct the Commission to consider a petition sent to him under section 11 or recommendations sent to him under section 12 is not affected by the fact that the petition or recommendations were sent after the end of the periods mentioned in sections 11(4) and 12(7) respectively.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may, if he thinks fit, by order give effect to— and may do so with or without modifications.
any recommendations made to him under section 9 (together with any proposals relating to them sent to him by the Local Government Commission for England),
any petition sent to him under section 11 (together with any recommendations sent to him under section 12, and any proposals sent to him by the Commission, relating to the petition),
An order under this section may also make a related alteration of the boundaries of any electoral division of a county, or ward of a district, within the area of the district council, or unitary county council, concerned and any consequential alteration in the number of councillors to be elected for the ward.
An order under this section establishing a parish council must include any provision which appears to the Secretary of State to be necessary for the election of the council in accordance with the Local Government Act 1972 and Part I of the Representation of the People Act 1983.
An order under this section may direct the district council, or unitary county council, concerned—
to establish a parish council for a new parish constituted by any such order,
to make specified electoral arrangements for the parish council, and
to make specified provision for the election of the parish council in accordance with the Local Government Act 1972 and Part I of the Representation of the People Act 1983.
The power of the Secretary of State under this section to give effect to a petition sent to him under section 11 or recommendations sent to him under section 12 is not affected by the fact that the petition or recommendations were sent after the end of the periods mentioned in sections 11(4) and 12(7) respectively.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by regulations of general application make any incidental, consequential, transitional or supplementary provision he thinks necessary or expedient for the purposes or in consequence of any orders made by him under section 14 or for giving full effect to such orders.
Regulations under subsection (1) are to have effect subject to any provision made by the orders to which they relate.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where a parish has no separate parish council.
Subject to subsection (3), the district council or unitary county council within whose area the parish is situated must establish a separate parish council for the parish if—
the population includes at least 200 local government electors, or
the population includes more than 150 but fewer than 200 local government electors and the parish meeting resolve that there should be a parish council.
Where the parish is within subsection (2)(a) or (b) and grouped under a common parish council, the district council or unitary county council concerned may establish a separate parish council for the parish, but are not under a duty to do so.
The district council or unitary county council concerned may establish a separate parish council for the parish if it is not within subsection (2)(a) or (b) but the parish meeting resolve that there should be a separate parish council.
The power of a district council or unitary county council under this section is exercisable by order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a district council or unitary county council by order establish a separate parish council for a parish under section 16, they must by the order—
make any electoral arrangements which appear to them to be necessary for the separate parish council, and
make any other provision which appears to them to be necessary for the election of the parish council in accordance with the Local Government Act 1972 and Part I of the Representation of the People Act 1983.
A district council or unitary county council may conduct a review of the electoral arrangements for the council of a parish in their area for the purpose of considering whether or not to make any changes to the arrangements and, if so, what changes.
If following a review under this section the council decide that changes should be made to the electoral arrangements, they may by order give effect to all or any of the changes.
Subsection (3) does not apply if the electoral arrangements for the parish council have been made or altered by or in pursuance of an order under section 14, or by an order under Part IV of the Local Government Act 1972 or section 17 of the Local Government Act 1992, and—
the period of five years beginning with the day on which the order was made has not expired, and
the Secretary of State has not consented to the council making the changes.
The power of a council to make an order under this section includes power to vary or revoke any order previously made under section 16 or this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where the Secretary of State, the Local Government Commission for England, a district council or a unitary county council (“the authority”) are considering electoral arrangements under sections 9 to 17.
When considering whether a parish should be divided into parish wards, the authority must consider whether—
the number or distribution of the local government electors of the parish is such as to make a single election of parish councillors impracticable or inconvenient, and
it is desirable that any area or areas of the parish should be separately represented on the parish council.
Where the authority decide that a parish should be divided into parish wards and are considering the size and boundaries of the wards and the number of parish councillors to be elected for each ward, the authority must have regard to—
any change in the number or distribution of local government electors for the parish that is likely to occur in the five years beginning with their consideration,
the desirability of fixing boundaries which are and will remain easily identifiable, and
any local ties which will be broken by the fixing of any particular boundaries.
Where the authority decide that a parish should not be divided into parish wards and are considering the number of councillors to be elected for the parish, the authority must have regard to—
the number of the local government electors for the parish, and
any change in that number which is likely to occur in the period of five years beginning with their decision.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 13 of the Local Government Act 1992 (duty of Local Government Commission for England to conduct reviews and make recommendations) after subsection (1) there is inserted—.
In section 14 of the Act of 1992 (changes that may be recommended by the Commission), in subsection (5), after paragraph (b) there is inserted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 17(3) of the Local Government Act 1992 (provisions which may be included in orders implementing recommendations of Local Government Commission), after paragraph (e) there is inserted—.
Where— the Secretary of State may by order make provision with respect to the ordinary year of election and the order of retirement of parish councillors for any parish situated in that area.
an order under section 17 of the Local Government Act 1992 has been made before the coming into force of this section, and
the order includes provision for any structural change by which the functions of district councils in relation to any area are transferred to a council for a county consisting of that area,
In subsection (2) “structural change” has the same meaning as in Part II of the Local Government Act 1992 (see section 14).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a county council or a district council are to consider any proposal relating to a matter designated for the purposes of this subsection, the council must—
afford parish councils within their area an opportunity to make representations to them about the proposal,
before taking any decision in relation to the proposal, take into account any representations about the proposal made to them by any parish council within their area, and
when they take a decision with respect to the proposal, notify without delay any parish council within their area by whom any representations about the proposal have been made.
If a parish council have given written notice to a county council or district council whose area they are within— the county council or district council must take the steps mentioned in subsection (1) in relation to that parish council.
that they wish to be consulted about a specified proposal to be considered by the council which relates to a matter designated for the purposes of this subsection, or
that they wish to be consulted about any proposal to be considered by the council which relates to such a matter,
An order under this section may prescribe circumstances (including, in particular, the need to act with urgency) in which subsections (1) and (2) do not apply.
A contravention of the duty imposed by subsection (1) or (2) does not affect the validity of any decision of a county council or district council or of anything done in pursuance of any such decision.
For the purposes of this section, a parish council is within the area of a county council or district council if—
the parish is situated within the county or (as the case may be) the district, or
where it is the council of a group of parishes, the area of the group is situated wholly or in part within the county or (as the case may be) the district.
In this section “designated” means designated by an order made by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In exercising their powers under sections 9 to 12 and 17(2), a district council or unitary county council must have regard to any guidance given by the Secretary of State.
The functions of district councils and unitary county councils under sections 9, 11 and 12, and of the Local Government Commission for England under section 13, are to be exercised in the manner which appears to the council concerned or the Commission (as the case may be) desirable having regard to the need—
to reflect the identities and interests of local communities, and
to secure effective and convenient local government.
The Secretary of State may give directions about the exercise by the Local Government Commission for England of any functions under section 13, and the directions may require the Commission to have regard to any guidance given by the Secretary of State as respects matters to be taken into account.
The power of the Secretary of State to give directions under subsection (3) includes power—
to make different provision for different cases including different provision for different areas or localities and for different authorities, and
to vary or revoke any directions previously given under that subsection.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any power of the Secretary of State under section 14, 15, 20 or 21 to make orders or regulations is exercisable by statutory instrument.
A statutory instrument containing any regulations under section 15 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any power to make orders or regulations under this Part may be exercised to make different provision for different cases, including different provision for different areas or localities and for different authorities.
Any power of any person to make orders under this Part includes power to make any incidental, supplemental, consequential or transitional provision which the person thinks necessary or expedient.
The provision which may be made by or in pursuance of an order under section 14, or by regulations under section 15 or an order under section 16, includes—
the transfer of functions, property, rights or liabilities (which includes power to make provision mentioned in subsection (6)), and
the management or custody of transferred property (whether real or personal).
The provision referred to in subsection (5)(a) is provision—
for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred,
for the transfer of staff, compensation for loss of office, pensions and other staffing matters, and
for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.
The provision which may be made by or in pursuance of an order under section 14, or by regulations under section 15 or an order under section 16, 17 or 20, includes the exclusion or modification of the application of—
section 16(3) or 90 of the Local Government Act 1972 (elections of parish councillors), or
rules under section 36 of the Representation of the People Act 1983 (local elections), whenever made.
Where a council make an order under section 16 or 17, they must send two copies of the order to the Secretary of State.
Section 20 of the Local Government Act 1992 applies to an order under section 14, 16 or 17 as it applies to an order under Part II of that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies for the interpretation of this Part.
“Electoral arrangements”, in relation to an existing or proposed parish council, means—
the number of councillors,
the question whether or not the parish or (in the case of a common parish council) any of the parishes should be, or continue to be, divided into wards for the purposes of the election of councillors,
the number and boundaries of any such wards,
the number of councillors to be elected for any such ward or (in the case of a common parish council) for each parish, and
the name of any such ward.
“Unitary county council” means the council of a county in which there are no district councils.
“Local government elector” has the same meaning as in the Local Government Act 1972 (see section 270).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A parish council or community council may— for the benefit of persons in the council’s area.
establish and maintain any car-sharing scheme, or
assist others to establish and maintain any car-sharing scheme,
A parish or community council may impose any conditions they think fit—
on the participation of persons in any scheme established and maintained by the council under subsection (1)(a) (including conditions requiring persons who receive fares under the scheme to contribute to the costs of establishing and maintaining it), or
on the giving of any assistance under subsection (1)(b).
For the purposes of this section—
a car-sharing scheme is a scheme for the provision of private cars for use on journeys in the course of which one or more passengers may be carried at separate fares, and
the participants in a car-sharing scheme are those who make private cars available for use under the scheme or who are eligible for carriage as passengers under the scheme.
In this section—
“private car” means a motor vehicle other than a public service vehicle, a licensed taxi, a licensed hire car or a motor cycle,
“motor vehicle”, “public service vehicle” and “fares” have the same meaning as in section 1 of the Public Passenger Vehicles Act 1981, and
“licensed taxi” and “licensed hire car” have the meaning given by section 13(3) of the Transport Act 1985.
After section 106 of the Transport Act 1985 there is inserted—
A parish council or a community council may enter into arrangements with any licensed taxi operator or licensed hire car operator under which—
the operator grants fare concessions on local journeys specified in the arrangements to some or all of the persons falling within subsection (2), and
the council reimburse the cost incurred in granting the concessions.
The persons falling within this subsection are persons who are—
resident in the council’s area, and
specified for the time being in or under subsection (7) of section 93 of the Transport Act 1985 as eligible to receive travel concessions under a scheme established under that section.
Arrangements made under subsection (1) may specify such other terms and conditions as the council think fit.
In subsection (1) “licensed taxi operator” and “licensed hire car operator” mean a person who provides a service for the carriage of passengers by licensed taxi (as defined by section 13(3) of the Transport Act 1985) or by licensed hire car (as so defined).
A parish council or community council may investigate—
the provision and use of, and the need for, public passenger transport services in their area,
the use of and need for roads in their area, and
the management and control of traffic in their area.
A parish council or community council may publicise information on public passenger transport services in their area or, on any conditions they think fit, assist others to do so.
In this section “public passenger transport services” has the same meaning as in the Transport Act 1985 (see section 63(10)).
After section 274 of the Highways Act 1980 there is inserted—
A parish council or community council may, for the detection or prevention of crime in their area—
install and maintain any equipment,
establish and maintain any scheme, or
assist others to install and maintain any equipment or to establish and maintain any scheme.
In section 92 of the Police Act 1996 (grants by local authorities)—
in subsection (1)—
for “or London borough” there is substituted “ London borough, parish or community ”, and
for “county, district, county borough or borough” there is substituted “ council’s area ”, and
in subsection (2), for “or district” there is substituted “ district or parish ”.
There is to be paid out of money provided by Parliament—
any expenses of the Secretary of State incurred in consequence of this Act, and
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.
Schedule 3 (which makes minor and consequential amendments) is to have effect.
The enactments shown in Schedule 4 (which include some that are spent) are repealed to the extent specified in the third column.
Subject to subsections (2) and (3), this Act is to come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
Part II and paragraphs 4 to 10 and 21 of Schedule 3 are to come into force at the end of the period of two months beginning with the day on which this Act is passed.
This Part (except section 33) is to come into force on the passing of this Act.
An order under subsection (1) may make such transitional provisions and savings as the Secretary of State considers necessary or expedient in connection with any provision brought into force by the order.
This Act may be cited as the Local Government and Rating Act 1997.
Sections 1 to 4, 9 to 31 and Schedule 1 extend to England and Wales only.
Sections 5 to 8 and Schedule 2 extend to Scotland only.
This Act does not extend to Northern Ireland.
Section 1.
After section 42 of the 1988 Act there is inserted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (4), for “subsection (5)” there is substituted “subsections (5) and (6A)”, and
after subsection (6) there is inserted—.
In section 47 (discretionary relief)—
in subsection (1), after “(3) below” there is inserted “ or the rural settlement condition and the second condition mentioned in subsection (3) below ” and for “43(4) to (6)” there is substituted “ 43(4) to (6B) ”,
after subsection (3) there is inserted—.
In section 48 (discretionary relief: supplementary), at the end of subsection (1) there is added “ (but subsection (5) below does not apply for the purposes of subsection (3B)(a) of that section) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (3), for “(4)” there is substituted “(3A)”, and
after that subsection there is inserted—.
Section 5.
Each rating authority must compile and maintain, in accordance with paragraph 2, a list (to be called its rural settlement list). A rural settlement list is to have effect for each financial year and must identify for each financial year any settlements mentioned in sub-paragraph (3). The settlements referred to in sub-paragraph (2) are those which— A rural settlement list must identify the boundaries of each settlement (whether by defining the boundaries or referring to boundaries defined in a map or other document), but if a settlement is not wholly within the area of a rating authority the list need not identify the boundaries outside the authority’s area. An order under sub-paragraph (3)(c) may provide for designating as a rural area any area for the time being identified by any person, in any manner, specified in the order. Sub-paragraph (1) does not apply to a rating authority in respect of any financial year for which there are no such settlements as are mentioned in sub-paragraph (3) (and, accordingly, if the authority have compiled a rural settlement list, they are to cease to maintain that list).
The rating authority must, throughout the period of three months preceding the beginning of the first financial year for which a rural settlement list is to have effect, make available for inspection a draft of the list in the form in which the authority propose that it should have effect for that year. In each financial year for which a rural settlement list has effect the rating authority must (if it appears to the authority that paragraph 1(1) will apply to the authority in respect of the next financial year) review the list and consider whether or not, for the next financial year, any alterations are required to the list in order to give effect to paragraph 1(2). If following the review the authority consider that any such alterations are required for that year, they must, throughout the three months preceding the beginning of that year, make available for inspection a draft of the list in the form in which they propose that it should have effect for that year. A rating authority which has compiled a rural settlement list must make it available for inspection in the form in which the list has effect for each financial year to which it relates. Where a rating authority are required to make any list or draft available under this paragraph, they must make the list or draft available at any reasonable hour (and free of charge) at their principal office.
For any period in a financial year where sub-paragraph (2) applies to lands and heritages, the non-domestic rate leviable in respect of the lands and heritages is to be one half of the non-domestic rate which would have been leviable apart from this paragraph. This sub-paragraph applies where— The whole or part of lands and heritages is used as a qualifying general store for any period in a financial year if— The whole or part of lands and heritages is used as a qualifying food store for any period in a financial year if a trade or business consisting wholly or mainly of the sale by retail of food for human consumption (excluding confectionery and excluding the supply of food in the course of catering) is carried on there. The whole or part of lands and heritages is used as a qualifying post office for any period in a financial year if— Where the whole or part of lands and heritages is used as a qualifying general store or qualifying post office for any period in a financial year, it is not to be treated as ceasing to be so used merely because the condition in sub-paragraph (3)(b) or (4)(b) ceases to be satisfied. The amendments to this paragraph made by section 29 of the Local Government in Scotland Act 2003 (asp 1) (which extend mandatory relief to certain food stores) are to have effect only as respects financial years beginning on or after 1st April 2003.
For any period (“the relevant period”) in a financial year beginning on or after 1st April 2003 where sub-paragraph (2) applies to lands and heritages, the non-domestic rate leviable in respect of the lands and heritages is to be one half of the non-domestic rate which would have been leviable apart from this paragraph. This sub-paragraph applies where— For the purposes of sub-paragraph (2)(b)— For the purposes of sub-paragraph (2)(c), land or a building is occupied by a relevant person if it is occupied by— If the land or building was occupied, on the days which are taken into account for the purposes of determining whether the condition set out in sub-paragraph (2)(b) is met, by a body corporate or a partnership, the reference in subsection (4)(a) above to a person is to be treated as a reference to— In determining, for the purposes of sub-paragraph (4)(b) or (5), whether a person is a member of the same family as another— Sub-paragraph (2) does not apply to land and heritages during any period in which section 7B (rate relief for certain buildings used for breeding or rearing horses) of that Act of 1956 applies in relation to the land and heritages. Subject to sub-paragraph (9), this paragraph ceases to have effect at the end of the period of five years beginning with the day on which this paragraph comes into effect. The Scottish Ministers may by order extend or further extend the period mentioned in sub-paragraph (8). If the period is extended or further extended sub-paragraph (2) does not apply to lands and heritages after the end of the period of five years beginning with the day on which it first applied to the lands and heritages.
Without prejudice to section 25A of the Local Government (Scotland) Act 1966, a rating authority may reduce or remit any non-domestic rate leviable in respect of lands and heritages for any period in a financial year in which any of the conditions mentioned in sub-paragraphs (2) to (2B) applies. The first of those conditions is— The second of those conditions is that paragraph 3A(2) applies in relation to the lands and heritages. The third of those conditions is that— Where paragraph 3(2)(c) does not apply, the rating authority must not, by virtue of this paragraph, make a reduction or remission unless they are satisfied that— The amendments to this paragraph made by section 28 of the Local Government in Scotland Act 2003 (asp 1) (which allow discretionary relief to be given to certain former agricultural premises and certain buildings used for breeding or rearing horses) are to have effect only as respects financial years beginning on or after 1st April 2003.
In this Schedule—
“financial year” means the twelve months ending with 31st March,
“non-domestic rate” is to be construed in accordance with section 7B of the Local Government (Scotland) Act 1975,
“rateable value” is to be construed in accordance with section 6 of the Valuation and Rating (Scotland) Act 1956.
“rateable value” is to be construed in accordance with section 6 of the Valuation and Rating (Scotland) Act 1956.
Section 33(1).
After section 6A(1) of the Valuation and Rating (Scotland) Act 1956 (power of Secretary of State to combine and divide lands and heritages) there is inserted—.
In section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 (reduction and remission of rates)—
in subsection (5) for “the following subsection” there is substituted “ subsection (6) or, as the case may be, (6A) of this section ”,
in subsection (6) for “the following subsection” there is substituted “ subsection (7) of this section ”, and
after subsection (6) there is inserted—.
In section 19 of the Local Government (Financial Provisions) (Scotland) Act 1963 (certain parks not to be entered in valuation roll), for subsection (1) there is substituted—.
The Local Government Act 1972 is amended as follows.
In section 6 (term of office and retirement of district and county councillors)—
in subsection (2)(c), for the words from “by an order” to the end there is substituted “ as mentioned in subsection (3) below ”, and
after subsection (2) there is added—
Section 9 (parish meetings and councils) is amended as follows. Subsections (2), (3) and (5) are omitted. In subsection (4), for “or Part II of the Local Government Act 1992” there is substituted “ Part II of the Local Government Act 1992 or section 14 of the Local Government and Rating Act 1997, ”. In subsection (6)—
In section 11 (orders for grouping parishes under common parish councils), in subsection (5)—
“section 9 or” is omitted,
after “1992” there is inserted “ or section 16 of the Local Government and Rating Act 1997 ”, and
for “that section or subsection” there is substituted “ subsection (4) above or section 16 of the Local Government and Rating Act 1997 ”.
In section 12 (provision supplementary to provisions about parish meetings and councils), in subsection (1), “9” is omitted.
In section 16(1) (number of parish councillors), for the words from “shall” to the end there is substituted “ shall not be less than five. ”.
In paragraph 10 of Schedule 3 (electoral arrangements for certain parish councils), for “or Part II of the Local Government Act 1992” in each place it appears there is substituted “ of this Act, Part II of the Local Government Act 1992 or Part II of the Local Government and Rating Act 1997 ”.
The Local Government (Scotland) Act 1975 is amended as follows.
In section 2 (alterations to the valuation roll)—
in subsection (1), paragraph (ee) is omitted,
after subsection (1) there is inserted—, and
in subsection (2)—
in paragraph (c) omit the words in the proviso from “or” (in the second place it appears) to “circumstances” (in the first place it appears) and from “or,” (in the fourth place it appears) to the end, and
in paragraph (cc) for “subsection (1)(ee)” there is substituted “ subsection (1A) ”.
In section 3 (supplementary valuation provisions)—
in subsection (1) after “2(1)” there is inserted “ , (1A) ”,
in subsection (4) omit the words “at any time while the roll is in force”,
after that subsection there is inserted—
After section 3 (supplementary valuation provisions) there is inserted —
In section 2(2) of the Valuation and Rating (Exempted Classes) (Scotland) Act 1976 (supplementary provisions) for “sections 1, 2 and 5(2)” there is substituted “ sections 1 and 2 ”.
In section 109(1) of the Water (Scotland) Act 1980, for the definition of “agricultural lands and heritages” there is substituted—.
In section 36 of the Representation of the People Act 1983 (local elections in England and Wales), after subsection (3AB) there is inserted—
Schedule 1 to the National Heritage Act 1983 is amended as follows. In paragraph 2 (status of Board of Trustees of Victoria and Albert Museum)— In paragraph 12 (status of Board of Trustees of Science Museum)— In paragraph 22 (status of Board of Trustees of Armouries)— In paragraph 32 (status of Board of Trustees of Royal Botanic Gardens, Kew)—
In paragraph 2 of Schedule 3 to the National Heritage Act 1983 (status of the Historic Buildings and Monuments Commission for England)—
in sub-paragraph (4), for “sub-paragraph (5) and any other” there is substituted “ the provisions of any ”, and
sub-paragraph (5) is omitted.
In section 3(1) of the Dockyard Services Act 1986 (treatment of land in designated dockyards)—
paragraph (c) and the word “and” preceding it, “or, in Scotland, land or heritages” and “or for public purposes” are omitted, and
for “those enactments” there is substituted “ that enactment ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government Finance Act 1988 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 59 (contributions in aid), for “Crown hereditament” there is substituted “ hereditament which is exempt from local non-domestic rating by virtue of paragraph 19A of Schedule 5 below (property occupied for purposes of visiting forces etc.) ”.
In section 64 (hereditaments), subsections (5) to (7D) are omitted.
In section 67 (interpretation), after subsection (5) there is inserted—
In paragraph 15 of Schedule 5 (exempt parks), in sub-paragraph (3), before paragraph (a) there is inserted—.
Section 1(6) of the National Maritime Museum Act 1989 (exemption from rates of land occupied for purposes of Museum) is omitted.
In Schedule 12 to the Local Government Finance Act 1992 (payments to local authorities by the Secretary of State), in paragraph 10—
in sub-paragraph (2)(a), for “any rule of law relating to Crown exemption” there is substituted “ section 7 (exemption for visiting forces etc.) of the Local Government and Rating Act 1997 ”,
in sub-paragraph (3)(a)—
in paragraph (ii) “and” is omitted,
after paragraph (iii) there is insertedand .
Section 33(2). Chapter Short title Extent of repeal 1854 c. 91. The Lands Valuation (Scotland) Act 1854. Section 20. Sections 24 to 26. 1867 c. 80. The Valuation of Lands (Scotland) Amendment Act 1867. The whole Act. 1894 c. 36. The Valuation of Lands (Scotland) Acts Amendment Act 1894. The whole Act. 1928 c. 44. The Rating and Valuation (Apportionment) Act 1928. The whole Act. 1929 c. 25. The Local Government (Scotland) Act 1929. Section 46. 1930 c. 24. The Railways (Valuation for Rating) Act 1930. The whole Act. 1934 c. 22. The Assessor of Public Undertakings (Scotland) Act 1934. The whole Act. 1948 c. 26. The Local Government Act 1948. Sections 108 and 124. 1952 c. 47. The Rating and Valuation (Scotland) Act 1952. Section 1. Section 3. Section 4. Section 5. In section 6(1), the words from “section” where it first appears to “1854,”. Section 7. Section 8(1). The First Schedule. 1954 c. 70. The Mines and Quarries Act 1954. Section 191(7). 1956 c. 60. The Valuation and Rating (Scotland) Act 1956. Section 20. 1961 c. 34. The Factories Act 1961. In section 184(1), the words from the beginning to “aforesaid”. 1966 c. 51. The Local Government (Scotland) Act 1966. Section 18. 1972 c. 11. The Superannuation Act 1972. In Schedule 6, paragraph 24. 1972 c. 70. The Local Government Act 1972. In section 9, subsections (2), (3) and (5). In section 11(5), “section 9 or”. In section 12(1), “9”. 1973 c. 65. The Local Government (Scotland) Act 1973. In Schedule 9, paragraphs 37 and 40 to 43. 1975 c. 30. The Local Government (Scotland) Act 1975. In section 1, in subsection (2), the words from “(including” to “Assessor”))” and in subsection (6), paragraph (e). In section 2(1), paragraph (c)(i) and paragraph (g). In section 3(2) the words from “other” to “Act” where it first appears. Section 5. In section 37(1), the definition of “the Assessor”. In Schedule 6, in Part I, paragraph 1 and in Part II, paragraphs 2, 3, 7, 8, 9, 17 and 18. 1976 c. 64. The Valuation and Rating (Exempted Classes) (Scotland) Act 1976. In section 2, in subsections (1) and (2), paragraph (b) and in subsection (3), the words “or, as the case may be, the Assessor of Public Undertakings (Scotland)”. 1983 c. 47. The National Heritage Act 1983. In Schedule 1, paragraphs 2(5), 12(5), 22(3) and 32(5). In Schedule 3, paragraph 2(5). 1984 c. 31. The Rating and Valuation (Amendment) (Scotland) Act 1984. In Schedule 2, paragraphs 2 to 5, 8, 10, 13(2) and 16. 1984 c. 54. The Roads (Scotland) Act 1984. In Schedule 9, paragraph 26. 1985 c. 16. The National Heritage (Scotland) Act 1985. Section 20. 1986 c. 44. The Gas Act 1986. In Schedule 7, paragraph 7. 1986 c. 52. The Dockyard Services Act 1986. In section 3(1), paragraph (c) and the word “and” preceding it, “or, in Scotland, land or heritages” and “or for public purposes”. 1988 c. 41. The Local Government Finance Act 1988. In section 64, subsection (4)(d) and subsections (5) to (7D). Section 65(9). In Schedule 5, paragraphs 10 and 14(3). 1989 c. 8. The National Maritime Museum Act 1989. Section 1(6). 1989 c. 42. The Local Government and Housing Act 1989. In Schedule 5, paragraphs 33 and 35(2). 1995 c. 45. The Gas Act 1995. In Schedule 4, paragraph 8.