Statutory Instrument 1987 No. 2179 (S.146)
The Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 1987
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1987 No. 2179 (S.146)
RATING AND VALUATION
The Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 1987
| Laid before Parliament | 18th December 1987 |
| Coming into force | 8th January 1988 |
The Secretary of State, in exercise of the powers conferred upon him by sections 2(3)(b), (4) and (7), 5(6) and 26(1) of, and paragraphs 1 and 2 of Schedule 1 to, the Abolition of Domestic Rates Etc. (Scotland) Act 1987([1]) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 1987 and shall come into force on 8th January 1988.
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 1968([2]);
"caravan" has the same meaning as it has for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960([3]);
"hostel" means an establishment in which residential accommodation is provided and which is— (a) managed by a housing association registered with the Housing Corporation under section 5 of the Housing Associations Act 1985([4]); 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,
and 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 1938([5]) in 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 1984([1]) which 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 1971 ([7]);
"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 1947([8]) transferred 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,
and 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 same meaning as in section 94(1) of the 1968 Act.
Notes:[1] 1987 c. 47; section 26(1) contains in paragraph (b) of the definition of "part residential subjects" a power of prescription, and contains also a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made.
[2] 1968 c. 49
[3] 1960 c. 62
[4] 1985 c. 69
[5] 1938 c. 73; section 10(2) was inserted by the Health Services Act 1980 (c. 53), Schedule 4, Part II, paragraph 14.
[7] 1971 c. 10
[8] 1947 c. 27; the National Health Service (Scotland) Act 1978 (c. 29), Schedule 15, paragraph 15, saved section 27 of the 1947 Act for the purposes of section 1(4) of the 1968 Act.
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