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Statutory Instrument 1989 No. 2437 (S.164)
The Standard Community Charge (Scotland) Regulations 1989
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1989 No. 2437 (S.164)
COMMUNITY CHARGES, SCOTLAND
WATER SUPPLY, SCOTLAND
The Standard Community Charge (Scotland) Regulations 1989
| Laid before Parliament | 28th December 1989 |
| Coming into force | 22nd January 1990 |
The Secretary of State, in exercise of the powers conferred upon him by sections 10(2), (3), (7), (7D) and (7F), 26(1) and 31(3) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987([1]), and those sections as read with paragraph 11 of Schedule 5 to that Act([2]) and with the Community Water Charges (Scotland) Regulations 1988([3]) and the Community Water Charges (Scotland) Amendment Regulations 1989([4]) made thereunder, and of all other powers enabling him in that behalf, hereby makes the following Regulations: Citation, commencement and application
1.—(1) These Regulations may be cited as the Standard Community Charge (Scotland) Regulations 1989 and shall come into force on 22nd January 1990.
(2) These Regulations shall apply for the purposes of and in relation to the financial year 1990-91 and any subsequent financial year.
Interpretation
2.—(1) In these Regulations—
"the Act" means the Abolition of Domestic Rates Etc. (Scotland) Act 1987; "dwellinghouse" includes any garden, yard, garage, outhouse or pertinent belonging to and occupied along with the dwellinghouse; "hospital" has the same meaning as in paragraph 8(2) of Schedule 1A to the Act([5]); "hostel" has the same meaning as in paragraph 9(5) of Schedule 1A to the Act; "nursing home" has the same meaning as in paragraph 9(3) of Schedule 1A to the Act; "personal care" includes the provision of appropriate help with physical and social needs; "private hospital" has the same meaning as in paragraph 9(4) of Schedule 1A to the Act; "registered housing association" has the same meaning as it has for the purposes of the Housing Associations Act 1985([6]); and "residential care home" has the same meaning as in paragraph 9(2) of Schedule 1A to the Act.
(2) Any reference in these Regulations to a person liable to pay the standard community charge includes any person who may be jointly and severally liable to pay that charge.
(3) Any reference in these Regulations to a section of or a Schedule to the Act includes a reference to that section or Schedule as read with paragraph 11 of Schedule 5 to the Act and the Community Water Charges (Scotland) Regulations 1988 and the Community Water Charges (Scotland) Amendment Regulations 1989.
Classes of premises excepted from standard community charge
3. The classes of premises specified in Schedule 1 to these Regulations are prescribed for the purposes of section 10(2) of the Act (premises falling within section 10(2)(a) to (c) in respect of which the standard community charge is not payable). Classes of premises where maximum standard community charge multiplier is zero
4.—(1) The classes of premises specified in Schedule 2 to these Regulations are prescribed for the purposes of section 10(7) of the Act.
(2) The maximum community charge multiplier prescribed for the purposes of section 10(7D) of the Act in relation to each class of premises specified in the said Schedule 2 is 0.
Determination of different classes of premises
5.—(1) Subject to paragraph (2) below, a regional or islands council may determine— (a) in relation to their area, classes of premises additional to those specified in Schedule 2 to these Regulations; and (b) different such classes of premises in relation to different parts of their area.
(2) A regional or islands council are required, when determining any class of premises under paragraph (1) above, to classify premises only by reference to one or more of the following factors:— (a) the period during which the premises have not been the sole or main residence of any person; (b) the nature of the use to which the premises were, are, or are intended to be, put; and (c) the circumstances (other than financial circumstances) of any person liable to pay the standard community charge.
Different standard community charge multipliers
6.—(1) A regional or islands council may resolve that different standard community charge multipliers shall apply in relation to different classes of premises which they have determined under regulation 5(1) above.
(2) A district council may resolve that different standard community charge multipliers shall apply in relation to any different classes of premises which have, in relation to the district, been determined under regulation 5(1) above by the council of the region in which the district is situated.
Revocations
7. The following Regulations are revoked:— (a) regulation 3 of the Standard and Collective Community Charges (Scotland) Regulations 1988([7]); (b) the Standard and Collective Community Charges (Scotland) Amendment Regulations 1988([8]); and (c) the Standard and Collective Community Charges (Scotland) Amendment Regulations 1989([9]).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh
20th December 1989
Notes:[1] 1987 c. 47; section 10(3) was amended by the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 19(2); section 10(7), (7D) and (7F) was amended and inserted by the Local Government and Housing Act 1989 (c. 42), section 142; section 26(1) contains a definition of "prescribed" relevant to the exercise of the powers under which these Regulations are made.
[2] Paragraph 11 of Schedule 5 was amended by the Local Government Finance Act 1988, Schedule 12, paragraph 38.
[3] S.I. 1988/1538
[4] S.I. 1989/2362
[5] Schedule 1A to the Act was inserted by the Local Government Finance Act 1988, Schedule 12, paragraph 35.
[6] 1985 c. 69; Part I of that Act was amended by the Housing Act 1988 (c. 50), Schedule 6, Part I.
[7] S.I. 1988/631; regulation 3 was amended by S.I. 1988/1540 and 1989/1004
[8] S.I. 1988/1540
[9] S.I. 1989/1004
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