Statutory Instruments

1989 No. 1004 (S.97)

COMMUNITY CHARGES, SCOTLAND

WATER SUPPLY, SCOTLAND

The Standard and Collective Community Charges (Scotland) Amendment Regulations 1989

Made

13th June 1989

Laid before Parliament

15th June 1989

Coming into force

1st July 1989

The Secretary of State, in exercise of the powers conferred upon him by sections 10(2) and (3), 26(1) and 31(3) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987((1)), and those sections as read with paragraph 11 of Schedule 5 to that Act((2)) and with the Community Water Charges (Scotland) Regulations 1988((3)) made thereunder, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Standard and Collective Community Charges (Scotland) Amendment Regulations 1989 and shall come into force on 1st July 1989.

Interpretation

2. In these Regulations "the principal Regulations" means the Standard and Collective Community Charges (Scotland) Regulations 1988(4).

Amendment of principal Regulations

3. Regulation 3 of the principal Regulations (standard community charge-prescribed excepted classes of premises)((4)) shall be amended as follows:-

(a)at the end of paragraph (d) the word "and" shall be deleted;

(b)in paragraph (e) for the words "the dwellinghouse." there shall be substituted the words "the dwellinghouse; and" ;

(c)after paragraph (e) there shall be inserted the following paragraph:-

"(f)a dwellinghouse-

(i)which is situated on lands and heritages used for agricultural or pastoral purposes only, or as woodlands, market gardens, orchards, allotments or allotment gardens, or on lands exceeding one tenth of an hectare used for the purpose of poultry farming,

(ii)which is unoccupied and unfurnished, and

(iii)which, when last occupied and used, was occupied together with and used in connection with the lands and heritages on which the dwellinghouse is situated, together with any garden, yard, garage, outhouse or pertinent belonging to or occupied along with that dwellinghouse.".

Ian Lang

Minister of State, Scottish Office

St. Andrew's House,

Edinburgh

13th June 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Standard and Collective Community Charges (Scotland) Regulations 1988 by prescribing an additional class of premises in respect of which the standard community charge and standard community water charge are not payable, namely certain agricultural dwellinghouses which are unoccupied and unfurnished.

(1)

1987 c. 47; section 10(3) was amended by the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 19(2); section 26(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

Paragraph 11 was amended by the Local Government Finance Act 1988, Schedule 12, paragraph 38.

(3)

S.I. 1988/1538.

(4)

S.I. 1988/631, amended by S.I. 1988/1540.