Citation and commencement

1. This Order may be cited as the Industrial and Freight Transport (Rateable Values) (Scotland) Order 1991 and shall come into force on 1st April 1991.

Interpretation

2. In this Order, unless the context otherwise requires-

"the 1928 Act" means the Rating and Valuation (Apportionment) Act 1928(2) ;

"the 1956 Act" means the Valuation and Rating (Scotland) Act 1956(3) ;

"the 1954 Act" means the Mines and Quarries Act 1954(4) ;

"the 1975 Act" means the Local Government (Scotland) Act 1975 ;

"financial year" means the period of twelve months beginning with 1st April ;

"industrial lands and heritages" has the same meaning as in section 3(1) as read with section 9(2) of the 1928 Act, but excludes-

(a)any mine or quarry to which the provisions of the 1954 Act apply ; and

(b)any well or bore hole or well and borehole combined ;

• "industrial purposes", in relation to industrial lands and heritages, shall be construed in accordance with the 1928 Act ;

• "net annual value" has the same meaning as in section 6(8) of the 1956 Act(5) ;

• "prescribed class of lands and heritages" means the class of lands and heritages prescribed for the purposes of section 6(1) of the 1975 Act in article 3 of this Order ;

and any references in this Order to "freight transport lands and heritages" and "freight transport purposes" shall be construed in accordance with the 1928 Act.

Prescribed class of lands and heritages

3. The following class of lands and heritages is hereby prescribed for the purposes of section 6(1) of the 1975 Act, namely any industrial or freight transport lands and heritages in Scotland so far as occupied and used, or treated as occupied and used, for industrial or freight transport purposes.

Rateable value

4. For the purposes of section 6(1) of the 1975 Act and in respect of the financial year 1991-92, the rateable value of any lands and heritages which fall within the prescribed class of lands and heritages shall be the amount produced by deducting from the net annual value of those lands and heritages thirty per cent of that value.

Amendment of enactments

5. For the purposes of section 6(5) of the 1975 Act, the following amendments shall be made to the enactments specified in articles 6 and 7 below in their relation to the valuation of the prescribed class of lands and heritages for the financial year 1991-92.

6. In section 6(1) of the 1956 Act(6), after the words "this Act", there shall be inserted the words "and to any Order made by the Secretary of State under section 6 of the Local Government (Scotland) Act 1975".

7.-(1) Section 2(1)(c) of the 1975 Act shall be amended by inserting at the end the following:-

"(iii)upon their ceasing to be lands and heritages within the class of lands and heritages prescribed in the Industrial and Freight Transport (Rateable Values) (Scotland) Order 1991 (hereinafter in this Act referred to as "the 1991 Order") ;".

(2) After paragraph (g) of section 2(1) of that Act, there shall be inserted the following paragraphs:-

"(gg)by deleting therefrom, with effect on and after 1st April 1991, any lands and heritages prescribed in the Industrial and Freight Transport (Rateable Values) (Scotland) Order 1990(7) which were entered in the roll immediately before that date ; and

(ggg)by entering therein any lands and heritages within the class of lands and heritages prescribed in the 1991 Order together with the rateable value thereof as ascertained in accordance with article 4 of that Order ;".

(3) In section 2(2)(a) of that Act, after the reference to "subsection (1)(a)", insert the words "or (ggg)".

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the valuation of industrial and freight transport lands and heritages ("the prescribed class") for the financial year 1991-92.

It provides that the rateable value of any lands and heritages which fall within the prescribed class should be an amount produced by deducting from the net annual value of those lands and heritages thirty per cent of that value.