Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 1988

JurisdictionUK Non-devolved
CitationSI 1988/1477

1988 No. 1477 (S.143)

RATING AND VALUATION

The Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 1988

Made 22th August 1988

Laid before Parliament 24th August 1988

Coming into force 15th September 1988

The Secretary of State, in exercise of the powers conferred upon him by sections 2(2A) and (4), 5(6), 26(1) and 31(3) of, and paragraphs 1 and 2 of Schedule 1 to, the Abolition of Domestic Rates Etc. (Scotland) Act 19871and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 1988 and shall come into force on 15th September 1988.

Interpretation
S-2 Interpretation

Interpretation

2. In these Regulations—

the Act” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

the 1968 Act” means the Social Work (Scotland) Act 19682;

“caravan” has the same meaning as it has for the purposes of Part 1 of the Caravan Sites and Control of Development Act 19603;

“hostel” means an establishment in which residential accommodation is provided and which is—

(a) managed by a housing association registered for the time being in a register maintained under section 3 of the Housing Associations Act 19854; or

(b) operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a Government department or agency or a local authority; or

(c) managed by a voluntary organisation,

where the sole or main function of the establishment is to provide personal care or support, combined with board, to persons who are solely or mainly resident in the establishment;

“nursing home” means—

(a) a nursing home within the meaning of section 10(2) of the Nursing Homes Registration (Scotland) Act 19385in respect of which a person is registered; or

(b) any premises in respect of which an exemption has been granted under section 6 or 7 of that Act;

“personal care” includes the provision of appropriate help with physical and social needs;

“private hospital” means a private hospital within the meaning of section 12 of the Mental Health (Scotland) Act 19846which is registered under that Act;

“private motor vehicle” means a mechanically propelled vehicle not falling within Schedules 2, 3 and 4 to the Vehicles (Excise) Act 19717;

“residential care home” means—

(a) a residential establishment provided and maintained by a local authority in respect of the functions under section 27 of the National Health Service (Scotland) Act 19478transferred to them by section 1(4)(c) of the 1968 Act; or

(b) a residential establishment to which Part IV of the 1968 Act applies; or

(c) residential accommodation provided and maintained by a local authority under section 7 of the Mental Health (Scotland) Act 1984;

where the sole or main function of the establishment or accommodation is to provide personal care or support, combined with board, to persons who are solely or mainly resident in the establishment or accommodation;

“support” means counselling or other help provided as part of a planned programme of care;

“voluntary organisation” has the meaning given by section 94(1) of the 1968 Act.

DOMESTIC SUBJECTS

DOMESTIC SUBJECTS

S-3 Variation of definition of domestic subjects-inclusions

Variation of definition of domestic subjects-inclusions

3.—(1) For the purposes of section 2(4) of the Act, the definition of domestic subjects in section 2(3) of the Act9is varied by including within that definition the following classes of lands and heritages and parts thereof, namely—

(a)

(a) private car parking premises, being lands and heritages which are a garage, a carport or, as the case may be, a car parking stance—

(i) whose use is ancillary to, and which is used wholly in connection with, other domestic subjects or the residential use made of part residential subjects, and

(ii) which is used wholly or mainly for the accommodation of one or more private motor vehicles;

(b)

(b) private storage premises, being lands and heritages—

(i) whose use is ancillary to, and which are used wholly in connection with, other domestic subjects or the residential use made of part residential subjects, and

(ii) which are used wholly or mainly for the storage of articles of domestic use (including cycles and other similar vehicles);

(c)

(c) communal sheltered housing premises, being lands and heritages—

(i) whose use is ancillary to, and which are used wholly in connection with, a dwellinghouse which has, or a group of dwellinghouses which have, been provided with facilities which are substantially different from those of an ordinary dwellinghouse and which has or, as the case may be, have been designed or adapted for occupation by persons whose special needs require accommodation of the kind provided by the dwellinghouse or dwellinghouses, and

(ii) in which there are facilities which are available for use by all the persons residing in the dwellinghouse or dwellinghouses or their guests;

(d)

(d) communal residential establishments, being lands and heritages (other than any part of the lands and heritages specified in paragraph (2) below)—

(i) which are used wholly as the sole or main residence of persons who reside there, or

(ii) which are used wholly as residential accommodation by persons who, by virtue of section 8(4) of the Act, are to be regarded as being solely or mainly resident in the area of the local authority in which those lands and he ritages are situated, and in which, in either case, there are facilities which are available for sharing by some or all of those persons.

(2) The parts of the lands and heritages specified in this paragraph are any part of—

(a)

(a) a hostel;

(b)

(b) a nursing home;

(c)

(c) a private hospital; and

(d)

(d) a residential care home,

which is not used wholly or mainly as the sole or main residence of persons employed there.

(3) For the purposes of paragraph (1) above, lands and heritages, or parts of lands and heritages, which are not in use shall nevertheless be treated as private car parking premises, private storage premises, communal sheltered housing premises or, as the case may be, communal residential establishments, if that was the use last made of them.

S-4 Variation of definition of domestic subjects-exclusions

Variation of definition of domestic subjects-exclusions

4. For the purposes of section 2(4) of the Act, the definition of domestic subjects in section 2(3) of the Act is varied by excluding from that definition the classes of lands and heritages comprising caravans, huts, sheds, bothies or other similar structures or buildings—

(a) which are intended to be used wholly or mainly for...

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