Local Government (Scotland) Act 1975
Local Government (Scotland)Act 1975
1975 CHAPTER 30
An Act to make further provision as respects local government finance in Scotland; to restrict certain grants under the Transport Act 1968; to make provision for the appointment and functions of a Commissioner for the investigation of administrative action taken by or on behalf of local and other authorities; to make further provision as respects social work; to make certain minor amendments of or consequential on the Local Government (Scotland) Act 1973; and for connected purposes.
[8th May 1975]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Finance
Valuation
1 The valuation roll and revaluation.
(1) 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.
(2) Subject to any alterations to the valuation roll made under this section and section 2 of this Act, every valuation roll (including every valuation roll in force for the year 1975-76 other than the roll made up for that year by the Assessor of Public Undertakings (Scotland) (hereinafter in this Act referred to as ‘the Assessor’)) shall remain in force until it is superseded by a new valuation roll.
(3) The assessor for each valuation area shall—
(a ) 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;
(b ) submit such arrangements to the Secretary of State who may, after consultation with the Advisory Council, approve the same with or without modifications; and
(c ) submit to the Advisory Council an annual report on the progress of valuation and revaluation in the area and send a copy of such report to the valuation authority for the area.
(4) 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.
(5) 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.
(6) 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—
(a ) 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;
(b ) by entering therein any lands and heritages which have come into existence or occupancy since the roll was made up;
(c ) to give effect to any alteration in the value of any lands and heritages which is due to a material change of circumstances;
(d ) to correct any error of measurement, survey or classification or any clerical or arithmetical error in any entry therein;
(e ) by entering therein any lands and heritages which the Assessor has directed him under section 5 of this Act so to enter.
(7) In this section ‘Advisory Council’ has the same meaning as in section 3 of the Valuation and Rating (Scotland) Act 1956 .
2 Alterations to valuation roll which is in force.
(1) 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—
(a ) 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;
(b ) by entering therein any lands and heritages which have come into existence or occupancy since the roll was made up;
(c ) by entering therein any lands and heritages—
(i) upon their ceasing to be liable to be valued or revalued by the Assessor under any enactment,
(ii) upon their coming within the assessor's valuation area as a result of a change of the boundaries of valuation areas;
(d ) to give effect to any alteration in the value of any lands and heritages which is due to a material change of circumstances;
(e ) 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 6(7) or 7(7) of the Valuation and Rating (Scotland) Act 1956 , section 10(2) of the Local Government (Financial Provisions) (Scotland) Act 1963 or section 1(1) of the Valuation for Rating (Scotland) Act 1970 ;
(f ) to correct any error of measurement, survey or classification or any clerical or arithmetical error in any entry therein;
(g ) by entering therein any lands and heritages which the Assessor has directed him under section 5 of this Act so to enter;
(h ) 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.
(2) Any alteration to the roll—
(a ) consisting of an entry made under subsection (1)(a ) above, shall have effect only as from the beginning of the year in which the entry is made;
(b ) 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;
(c ) 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:
Provided that if the proprietor, tenant or occupier of the lands and heritages has intimated in writing to the assessor the event by reason of which a reduction in value of the lands and heritages is made, or on appeal the value in the relevant entry has been reduced on the ground of a material change of circumstances, 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, or, as the case may be, as from the date of the material change of circumstances on which the appeal is grounded or as from the beginning of the year in which the appeal is lodged, whichever is the later;
(d ) consisting of such a correction as is referred to in subsection (1)(f ) above shall have effect only as from the date when the erroneous entry which is so corrected was made in the roll or as from the beginning of the year in which the correction 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.
(3) Where, at any time before an appeal or complaint against an entry in the valuation roll is determined by a valuation appeal committee, 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.
(4) The assessor for any valuation area may enter in the valuation roll for the year 1975-76 any lands and heritages which have come into existence or occupancy between 16th May 1975 and the date when the roll is made up for that year.
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