The Community Water Charges (Scotland) Regulations 1988

• Citation: S.I. 1988/1538
• Sections: 19

Section 1 Citation and commencement

These Regulations may be cited as the Community Water Charges (Scotland) Regulations 1988 and shall come into force on 1st October 1988.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987,

and any reference in these Regulations to a section or Schedule is, unless otherwise expressly stated, a reference to a section of, or a Schedule to, the Act.

Section 3 Application to community water charges

For the purposes of paragraph 11 of Schedule 5 to the Act (which provides for the provisions of Part II of, and Schedules 1A and 2 to, the Act to have effect, subject to paragraphs 7 and 8 (liability to pay community water charges) of Schedule 5 and to such adaptations, exceptions and modifications as may be prescribed, in relation to the community water charges as they have effect in relation to the corresponding community charges), there are prescribed the adaptations, exceptions and modifications set out in the Schedule to these Regulations.

Section 1 General

Subject to the following paragraphs of this Schedule, for any reference in the provisions of Part II of, or Schedule 1A or 2 to, the Act to an expression listed in column 1 of the table below, there shall be substituted a reference to the corresponding expression listed opposite thereto in column 2 of that table:—

TABLE

Section 2 Section 7

Section 7 shall not apply.

Section 3 Section 9

Section 9 shall not apply.

Section 4 Section 10

(1) For subsection (5) of section 10, there shall be substituted the following subsection:—

(5) The standard community water charge shall be due to the regional or islands council in the area of which the premises in respect of which it is payable are situated.

(2) There shall not be a standard community water charge multiplier and accordingly the references to the standard community charge multiplier in subsections (6) and (7) of that section shall continue to be to that multiplier.

(3) In subsections (8) and (8A) of that section, for the words “levying authority” there shall be substituted the words “regional or islands council”.

(4) Subsection (8C) of that section shall not apply.

Section 5 Section 11

(1) For subsection (6) of section 11, there shall be substituted the following subsection:—

(6) The collective community water charge shall be due to the regional or islands council in the area of which the premises in respect of which it is payable are situated.

(2) There shall not be a collective community water charge multiplier and accordingly—

(a) the references to the collective community charge multiplier in sub-sections (7), (8), (9) and (10) of that section shall continue to be to that multiplier; and

(b) the reference to the personal community charge in sub-section (10) of that section shall continue to be to that charge.

(3) For paragraph (i) of subsection (11) of that section, there shall be substituted the following paragraph:—

(i) the amount in this paragraph is the amount of the personal community water charge determined in respect of that year by the regional or islands council in the area of which the premises are situated;

Section 6 Section 11B

Section 11B shall not apply.

Section 7 Section 12

There shall not be a separate registration officer under section 12 in respect of the community water charges.

Section 8 Section 13

(1) There shall not be a separate register under section 13 in respect of the community water charges.

(2) Subsection (1)(a) to (e) of that section shall not apply.

Section 9 Section 18

In subsection (3) of section 18, the words from “and where the levying authority” to the end shall not apply.

Section 10 Section 19

As a consequence of paragraph 5(2) above, in paragraph (c) of section 19, the reference to the collective community charge multiplier shall continue to be to that multiplier.

Section 11 Section 20

As a consequence of paragraph 5(2) above, in subsection (2)(a)(iii) of section 20, the reference to the collective community charge multiplier shall continue to be to that multiplier.

Section 12 Section 22

Section 22 shall not apply.

Section 13 Schedule 2, paragraph 1

For paragraph 1 of Schedule 2, there shall be substituted the following paragraph:—

(1) The local authority for the purpose of levying the community water charges shall be known as the “levying authority” and shall be the regional or, as the case may be, the islands council.

Section 14 Schedule 2, paragraphs 2 and 2A

(1) In Schedule 2, sub-paragraph (1)(b) of paragraph 2 shall not apply.

(2) There shall not be a separate demand notice issued under paragraph 2 or 2A of Schedule 2 in respect of a person’s liability to pay any of the community water charges and any demand notice issued in respect of a person’s liability to pay any of the community charges shall include a notice of any liability of that person to pay the corresponding community water charge.

Section 15 Schedule 2, paragraph 4

(1) In sub-paragraph (7) of paragraph 4 of Schedule 2, the reference to “any community charge” shall not be adapted by paragraph 1 above to refer to any corresponding community water charge.

(2) Sub-paragraphs (11) and (12) of paragraph 4 of that Schedule shall not apply.

Section 16 Schedule 2, paragraph 6

In Schedule 2, paragraph 6 shall not apply.