The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2019


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Statutory Instruments of the Scottish Parliament


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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2019 No. 45

Rating And Valuation

The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2019

Made

14th February 2019

Laid before the Scottish Parliament

18th February 2019

Coming into force

1st April 2019

The Scottish Ministers make the following Order in exercise of the powers conferred by section 6A(1)(aa) and (1B) of the Valuation and Rating (Scotland) Act 1956(1) and all other powers enabling them to do so.

In accordance with section 6A(1D) that Act(2) they have consulted such associations of local authorities and such other persons as they think appropriate.

Citation and commencement

1.  This Order may be cited as the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2019 and comes into force on 1 April 2019.

Amendment of the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005

2.  The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005(3) is amended in accordance with articles 3 to 6.

3.  For article 2(1)(b)(ii) (electricity generation) substitute-

"(ii)the primary source of energy in such generation is biomass, the use of wind, wave, water, tidal or solar power, or the burning of refuse.".

4.  In the definition of "a Company" in article 3(2) (electricity transmission and distribution), in sub-paragraph (b)(iii) for "SP Transmission Limited" substitute "SP Transmission PLC".

5.  In the definition of "Company" in article 4(3) (gas), omit "at the date of this Order" in both places where it occurs.

6.  For article 7A(2) (fixed line telecommunications) substitute-

"(2) A "fixed line operator", for the purposes of this article, is any of the companies registered with the following names and registration numbers-

Company nameRegistration number
AtlasConnect LimitedSC241790
British Telecommunications Public Limited Company01800000
Cityfibre Limited09759465
Centurylink Communications UK Limited2495998
Easynet Limited02954343
Entanet International Limited03274237
Everything Everywhere Limited08263590
Gamma Telecom Ltd04340834
GEO Networks Limited04614924
Hutchison 3G UK Limited03885486
JISC05747339
JISC Services Limited02881024
NEOS Networks Limited03477297
NTL Business Limited03076222
Oath (UK) Limited03462696
Orange Limited03110666
Pipex Broadband Limited03137499
Pipex Communications Services Limited03059016
Pulsant (Scotland) LimitedSC236128
Sky Home Communications Limited05262862
Sky Telecommunications Services Ltd02883980
Smallworld Cable Limited05679836
SSE Telecommunications LimitedSC213457
Talk Talk Communications Ltd03849133
Telefonica UK Limited01743099
Thus Group Holdings LimitedSC192666
Tiscali UK Limited03408171
Verizon UK Limited02776038
Virgin Media Limited02591237
Vodafone Enterprise U.K.01541957
Vodafone Limited01471587
Interoute Vtesse Limited03900836.".

DEREK MACKAY

A member of the Scottish Government

St Andrew's House,

Edinburgh

14th February 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 ("the 2005 Order").

The amendments relate to specified lands and heritages which are to be treated as if they justify only one entry in a single valuation roll, despite being situated in areas covered by different rolls. Mostly, they update references to operators in the 2005 Order.

Article 3 amends the 2005 Order to add solar power and biomass as primary sources of energy in the generation of electricity, for the purpose of identifying persons carrying on undertakings to whom that Order applies.

Article 5 omits unnecessary references in the 2005 Order to the date of registration of companies.

Article 6 replaces a table which details companies to be regarded as "fixed line operators" for the purposes of entry in a single valuation roll. Article 6 also, like article 5, omits an unnecessary reference in the 2005 Order to the date of registration of companies, by not including such a reference in the text it substitutes into the 2005 Order.

(1)

1956 c.60. Section 6A was inserted by section 161 of the Local Government etc. (Scotland) Act 1994 (c.39) and subsections (1)(aa) and (1B) were inserted by section 32(1) of the Local Government in Scotland Act 2003 (asp 1) ("the 2003 Act). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

Section 6A(1D) was inserted by section 32(1)(b) of the 2003 Act.


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