The British Alcan Primary and Recycling Ltd. (Rateable Values) (Scotland) Order 1992

• Citation: S.I. 1992/1789
• Sections: 9

Section 1 Citation, commencement and date of effect

(1) This Order may be cited as the British Alcan Primary and Recycling Ltd. (Rateable Values) (Scotland) Order 1992 and shall come into force on the day after the day on which it is made.

(2) This Order shall in accordance with section 6(6) of the 1975 Act have effect as from 1 April 1992.

Section 2 Interpretation

(1) In this Order, unless the context otherwise requires—

“the 1975 Act ” means the Local Government (Scotland) Act 1975;

“ the Company ” means the Company registered at the date of this Order by the name of British Alcan Primary and Recycling Ltd.;

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

“non-domestic water rate ” shall be construed in accordance with the provisions of section 40 of the Water (Scotland) Act 1980( ); and

“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.

(2) Any reference in this Order to—

(a) lands and heritages occupied by the Company includes a reference to lands and heritages which, if unoccupied, are owned by the Company; and

(b) lands and heritages used for any purpose includes a reference to lands and heritages which are unused but in relation to which it appears that, when next in use, they will be used for such a purpose.

Section 3 Prescribed class of lands and heritages

The following class of lands and heritages is hereby prescribed for the purposes of section 6(1) of the 1975 Act, namely any lands and heritages in the district of Lochaber in the Highland Region which are occupied by the Company and used wholly or mainly for the purpose of generating electricity by water power wholly or mainly for the manufacture of aluminium.

Section 4 Non-domestic water rate

The non-domestic water rate shall not be leviable in respect of the prescribed class of lands and heritages in respect of the financial year 1992-93.

Section 5 Aggregate amount of rateable values for financial year 1992-93

For the purposes of section 6(1) of the 1975 Act, the aggregate amount of the rateable values of the prescribed class of lands and heritages for the financial year 1992-93 is hereby prescribed as £214,063.

Section 6 Amendment of enactments

For the purposes of section 6(5) of the 1975 Act, the following amendments shall be made to the enactments specified in articles 7 and 8 below in their relation to the valuation of the prescribed class of lands and heritages for the financial year 1992-93.

Section 7 Amendment of enactments

In section 6(1) of the Valuation and Rating (Scotland) Act 1956( ), 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”.

Section 8 Amendment of enactments

(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 British Alcan Primary and Recycling Ltd. (Rateable Values) (Scotland) Order 1992 (hereinafter in this Act referred to as “the 1992 Order”);

(2) Section 2(1)(d) of that Act shall be amended by inserting after the words “lands and heritages ” the following words:—

(other than lands and heritages within the class of lands and heritages prescribed in the 1992 Order)

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

(gg) by deleting therefrom, with effect from 1st April 1992, any lands and heritages within the class of lands and heritages prescribed in the 1992 Order which were entered in the roll before the date of coming into force of that Order;

(ggg) by entering therein, with effect from 1st April 1992, any lands and heritages within the class of lands and heritages prescribed in the 1992 Order together with the aggregate amount of the rateable values prescribed by article 5 of that Order;

(4) In section 3(2) of that Act, for the words from “and any such person ” to the end, there shall be substituted the following:—

and, where the entry relates to any lands and heritages within the class of lands and heritages prescribed in the 1992 Order, any such person may at any time while the roll is in force appeal against the entry but only on the ground that there is a clerical error in that entry.

(5) In section 3(4) of that Act, after the words “lands and heritages ” where they appear for the first time, there shall be inserted the following:

(other than lands and heritages within the class of lands and heritages prescribed in the 1992 Order)

Section 9 Revocations

The British Alcan Primary and Recycling Ltd. (Rateable Values) (Scotland) Order 1990( ) and the British Alcan Primary and Recycling Ltd. (Rateable Values) (Scotland) Order 1991( ) are hereby revoked.