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Local Government etc. (Scotland) Act 1994 (Commencement No.2) Order 1994

As Enacted Cited authorities 34 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1994/3150
Year1994

1994 No. 3150 (C.74) (S.174)

RATING AND VALUATION

The Local Government etc. (Scotland) Act 1994 (Commencement No.2) Order 1994

Made 7th December 1994

The Secretary of State, in exercise of the powers conferred on him by section 184 of the Local Government etc. (Scotland) Act 19941and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation
S-1 Citation and interpretation

Citation and interpretation

1.—(1) This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No.2) Order 1994.

(2) In this Order, “the Act” means the Local Government etc. (Scotland) Act 1994.

Days appointed

Days appointed

S-2 31st December 1994 is the day appointed for the coming into...

2. 31st December 1994 is the day appointed for the coming into force of—

(a) paragraph 176(1) and (19)(b) of Schedule 13 to the Act (minor and consequential amendments); and

(b) section 180(1) of the Act (minor and consequential amendments), so far as it relates to those provisions.

S-3 4th January 1995 is the day appointed for the coming into force...

3. 4th January 1995 is the day appointed for the coming into force of the following provisions of the Act:—

(a) section 153 (power of Secretary of State to prescribe amount of non-domestic rate);

(b) section 160 (further provision as to valuation by formula);

(c) section 161 (power of Secretary of State to combine and divide lands and heritages);

(d) section 180(2) (repeals), so far as it relates to the provisions specified in paragraph (e) below; and

(e) in Schedule 14 (repeals), the repeals of—

(i) section 116(6) of the Local Government (Scotland) Act 19732;

(ii) paragraphs 41 and 42 of Schedule 2 to the Local Government (Miscellaneous Provisions) (Scotland) Act 19813; and

(iii) paragraph 60(2) of Schedule 25 to the Water Act 19894.

S-4 1st April 1995 is the day appointed for the coming into force...

4. 1st April 1995 is the day appointed for the coming into force of—

(a) the provisions of the Act specified in column 1 of Schedule 1 to this Order (which relate to the matters specified in column 2 of that Schedule);

(b) section 180 of the Act, so far as it relates to the provisions of Schedules 13 and 14 to the Act specified in paragraphs (c) and (d) below;

(c) in Schedule 13 to the Act—

(i) paragraph 57;

(ii) paragraph 60(4);

(iii) paragraph 67(1), (2) and (5); and

(iv) paragraph 100(2), (4) and (5); and

(d) the repeals in Schedule 14 to the Act specified in Schedule 2 to this Order.

Transitional provision
S-5 Transitional provision

Transitional provision

5. The amendments of paragraph 10(3)(a) of Schedule 12 to the Local Government Finance Act 19925brought into force by article 2 of this Order shall not affect the continuing operation of regulations made under that paragraph6in relation to a financial year (within the meaning of that Act) beginning before 1st April 1995.

Amendment of earlier Order
S-6 Amendment of earlier Order

Amendment of earlier Order

6. Article 3(c)(xiii) of the Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 19947is hereby amended by deleting the words “(1) and”.

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

7th December 1994

SCHEDULE 1

Article 4(a)

PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 1995

Column 1

Column 2

Provision of the Act

Subject matter

Section 152

Amendment of definition of “lands and heritages”

Section 154

Rating of unoccupied lands and heritages

Section 155

Rating of lands and heritages partly unoccupied for a short time

Section 156

Remission of rates on account of hardship

Section 158

Grants in respect of certain rate rebates

Section 159

Rating of enterprise zone

Section 162(1)

Abolition of Scottish Valuation Advisory Council

SCHEDULE 2

Article 4(d)

REPEALS IN SCHEDULE 14 TO THE ACT COMING INTO FORCE ON 1ST APRIL 1995

Chapter

Short title

Extent of repeal

49 & 50 Vict. c.15

The Sporting Lands Rating (Scotland) Act 1886

The whole Act.

10 & 11 Geo.6 c.43

The Local Government (Scotland) Act 1947

Sections 243, 243A, 243B and 244.

4 & Eliz.2 c.60

The Valuation and Rating (Scotland) Act 1956

Section 22A.

6 & 7 Eliz.2 c.64

The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958

Section 7.

1966 c. 51

The Local Government (Scotland) Act 1966

Section 17.

Section 20.

In Section 25, in subsection (1), the words “the determination of rateable values,” and subsections (3), (4) and (5).

In section 46(1), the definition of “rate”.

In Schedule 3, paragraph 1, in paragraph 3(1), the words from “and that” to “heritages”, in paragraph 5, the word “relevant”, in both places where it occurs, paragraphs 6 and 7, in paragraph 8, the words from “relevant lands” to “Act” and the words from “included” to “heritages”, where it second occurs.

In Schedule 5, paragraph 3.

1972 c. 52

The Town and Country Planning (Scotland) Act 1972

In Part II of Schedule 21, the words from “In section 25(3)(c)” to the end of the paragraph.

1973 c. 65

The Local Government (Scotland) Act 1973

In Schedule 9, paragraph 11.

1975 c. 30

The Local Government (Scotland) Act 1975

In Part II of Schedule 6, paragraphs 6, 13 and 34.

1980 c. 65

The Local Government, Planning and Land Act 1980

In Schedule 32, in paragraph 33, in sub-paragraph (2), head (a), sub-paragraph (3) and, in sub-paragraph (4), the definitions of “private garage” and “private storage premises”.

1981 c. 23

The Local Government (Miscellaneous...

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