Water (Scotland) Act 1949
| Jurisdiction | UK Non-devolved |
Water (Scotland) Act , 1949
(12, 13 & 14 Geo. 6) CHAPTER 31
An Act to amend the law with respect to rating and charging for water supplies in Scotland; to amend Part V of the Local Government Act, 1948, with respect to the ascertainment of the standard amounts thereunder in Scotland; to increase the financial assistance that may be given to local authorities in Scotland under the Rural Water Supplies and Sewerage Act, 1944; to amend the Water (Scotland) Act, 1946; and for purposes connected with the matters aforesaid.
[11th May 1949]
Be it enacted by the King'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
Water Rates
1 Levy of rates in respect of expenditure on water supply.
(1) Subject to the provisions of this Part of this Act, as from the appointed day the expenditure incurred by a local authority in the exercise of any of their functions under any enactment in relation to water supply in their district shall, in so far as not met otherwise, be defrayed as to such portion thereof, not exceeding one third and not less than one-fifth, as the authority may determine, out of the county rate or the burgh rate, as the case may be, and as to the remainder out of a rate to be levied as hereafter in this Act provided.
(2) The portion of the county rate or of the burgh rate levied under the foregoing subsection shall be payable by owners and occupiers in equal proportions and is hereafter in this Act referred to as ‘the public water rate’.
(3) For the purpose of defraying the remainder of the expenditure mentioned in subsection (1) of this section, the local authority shall, subject to the provisions of this Part of this Act, levy annually within their district a rate (hereafter in this Act referred to as ‘the domestic water rate’) which, notwithstanding anything in any other enactment, shall be levied as a separate rate and shall be payable by occupiers only.
2 Provisions as to liability for domestic water rate.
(1) Subject to the provisions of this Part of this Act, the domestic water rate shall be levied by the local authority in respect of all lands and heritages within their district according to the gross annual value of such lands and heritages.
(2) The domestic water rate shall not be leviable in respect of any premises, being lands and heritages situated within the district of a local authority, unless—
(a ) in the case of a dwelling house, a sufficient supply of wholesome water provided by a local water authority for domestic purposes is provided in pipes within the house or within the premises in which the house is comprised;
(b ) in the case of premises being agricultural lands and heritages, a sufficient supply of wholesome water provided by a local water authority for domestic purposes is provided in pipes within some dwelling house comprised in the premises; and
(c ) in the case of any other premises, a supply of water provided by a local water authority is used for any purpose for or in connection with which the premises are used or by or for persons employed or otherwise engaged on or about the premises in connection with such purpose.
(3) Where premises are for the first time provided with a supply of water otherwise than on the first day of a rating year, the occupier of the premises shall be liable to pay in respect of that year such part only of the domestic water rate which would be leviable if a supply had been provided throughout that year as is proportionate to the part of that year which had not elapsed when the supply was provided.
(4) This section shall not apply to lands and heritages being a holding within the meaning of the Small Landholders (Scotland) Acts, 1886 to 1931.
3 Levy of domestic water rate on agricultural subjects.
3. Where the domestic water rate is leviable in respect of any premises being agricultural lands and heritages, the domestic water rate shall, subject to the provisions of subsection (5) of section sixteen of this Act, be levied according to the gross annual value (ascertained as hereafter in this Act provided) of any dwelling house or dwelling houses comprised in the premises and provided with a supply of water by a local water authority.
4 Levy of domestic water rate on business and commercial premises.
(1) Where the domestic water rate is leviable in respect of lands and heritages being premises to which this section applies, it shall be levied according to one-half of the gross annual value thereof:
Provided that if the local authority so resolve not later than the fifteenth day of July in any year with respect to any particular premises such as aforesaid this subsection shall have effect in that year in relation to those premises with the substitution for one-half of such other fraction, not exceeding one-half and not less than one-quarter, as may be specified in the resolution.
(2) Where a supply of water is provided to any premises to which this section applies and which are entered in the valuation roll at a gross annual value exceeding such amount as the local authority may from time to time determine, the occupier thereof shall have the option of taking the supply by meter, and if he exercises that option the domestic water rate shall be leviable in respect of the premises according to a gross annual value of such amount as the local authority may have determined as aforesaid.
(3) Where the domestic water rate is leviable in respect of lands and heritages being premises to which this section applies and which are occupied partly as a dwelling house, the domestic water rate shall, subject to the provisions of subsection (5) of section sixteen of this Act, be levied on the part occupied as a dwelling house according to the gross annual value (ascertained as hereafter in this Act provided) of that part, and on the remainder of the premises in accordance with the provisions of this section.
(4) This section applies to lands and heritages being premises occupied wholly or partly as a shop, offices, a warehouse, factory, cinematograph theatre, theatre, town hall, dance hall or concert hall, and such other premises not being premises occupied wholly as a dwelling house or such premises as are mentioned in the last foregoing section or in either of the two next succeeding sections of this Act as the local authority may from time to time resolve.
5 Levy of domestic water rate on certain public utility undertakings, mines, parks, etc.
5. Where the domestic water rate is leviable in respect of premises being lands and heritages occupied as waterworks, gas works or sewage works, or as a mine or a quarry, or as a public park or recreation ground, it shall be levied according to one-quarter of the gross annual value thereof.
6 Levy of domestic water rate on shootings and fishings.
6. Where the domestic water rate is leviable in respect of premises being lands and heritages occupied as shootings or as fishings it shall be levied according to one-eighth of the gross annual value thereof.
7 Temporary adjustment of water rates as between owners and occupiers.
7. Where by reason of the provisions of section one of this Act the total amount which would, apart from the provisions of this section, fall to be defrayed by a local authority out of rates levied by them on owners in the year commencing on the appointed day in respect of expenditure incurred in the provision of a supply of water is less than the total amount which fell to be so defrayed in the year immediately preceding that day, then, in the year commencing on that day and in each of the four succeeding years, the total amount to be levied by that authority on owners liable in payment of the county rate or the burgh rate, as the case may be, shall be increased, and the total amount to be levied on occupiers liable in payment of the domestic water rate shall be decreased by an amount equal to the difference between the amounts aforesaid, and the county rate or the burgh rate and the domestic water rate shall, in each of those five years, be adjusted and levied accordingly.
8 Contributions by county council in aid of domestic water rate.
(1) If in any year it appears to a local authority being the council of a county that by reason of the cost of works undertaken or to be undertaken in connection with the provision or improvement of a supply of water in their district or by reason of the foregoing provisions of this Part of this Act requiring a major portion of the rate-borne expenditure of the authority in providing a supply of water to be defrayed out of a domestic water rate payable by occupiers only, the financial burden imposed or to be imposed on occupiers in their district is greater than they can reasonably be expected to bear unaided, the authority may with the approval of the Secretary of State in that year defray such part of the cost of providing or improving the supply of water in their district in such manner as appears to them equitable, and where part of such cost is defrayed out of rates it shall be defrayed out of the county rate.
(2) Subsection (2) of section two hundred and thirty-seven of the Local Government (Scotland)...
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