Contents
- Part I Non-domestic Rating
- Part II Parishes and Parish Councils
- Part III Powers of Parish Councils and Community Councils
- Part IV General
- Schedule 1 Relief from non-domestic rates for general stores etc. in rural settlements: England and Wales
- Schedule 2 Relief from non-domestic rates for general stores etc. in rural settlements: Scotland
- Schedule 3 Minor and consequential amendments
- Schedule 4 Repeals
Part I · Non-domestic Rating
Scotland
5General stores etc. in rural settlements.#
Schedule 2 (which provides for mandatory or discretionary relief from non-domestic rates for certain lands and heritages note...) is to have effect.
6Crown property.#
(1)Enactments relating to non-domestic rating apply to the Crown as they apply to other persons.
(2)Accordingly, liability to a non-domestic rate in respect of lands and heritages is not affected by the fact that—
(a)the lands and heritages are occupied by the Crown or by a person acting on behalf of the Crown or are used for Crown purposes, or
(b)the Crown or a person acting on behalf of the Crown is entitled to possession of the lands and heritages.
(3)Section 3(1) of the noteLocal Government (Scotland) Act 1975 is to have effect as if the reference to making an alteration in the valuation roll under the enactments there mentioned included a reference to the coming into force of this section.
(4)If (apart from this subsection) relevant lands and heritages would be treated as justifying two or more separate entries in the valuation roll, the lands and heritages are to be treated—
(a)as justifying only one such entry, and
(b)as occupied by the person mentioned in subsection (5)(b) appearing to the rating authority to occupy the largest part of the lands and heritages to which the single entry relates.
(5)“Relevant lands and heritages” are lands and heritages which—
(a)if they were occupied by a single occupier, would attract a single entry in the valuation roll, and
(b)are occupied by more than one of any of the following—
(i)a Minister of the Crown,
(ii)a Government department, or
(iii)an officer or body exercising functions on behalf of the Crown.
(6)Subsection (4) does not apply to lands and heritages provided or maintained by a local authority or joint board (within the meaning of the noteLocal Government (Scotland) Act 1973).
(7)The Secretary of State may by order amend subsection (6) so as to alter the persons for the time being referred to there.
(8)Subsection (4) does not affect the power conferred by section 6A of the noteValuation and Rating (Scotland) Act 1956.
(9)In this section—• “enactment” includes any subordinate legislation (within the meaning of the noteInterpretation Act 1978),• “non-domestic rate” is to be construed in accordance with section 7B of the noteLocal Government (Scotland) Act 1975.
7Visiting forces etc.#
(1)After this section comes into force, no lands and heritages which are occupied for the purposes of a visiting force, or a headquarters, in pursuance of arrangements made in that behalf with any Government department are to be entered in the valuation roll.
(2)In this section—• “headquarters” means an international headquarters or defence organisation designated by an Order in Council under section 1 of the noteInternational Headquarters and Defence Organisations Act 1964,• “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any provision of the noteVisiting Forces Act 1952.
8Orders under section 6 and Schedule 2.#
(1)Subject to subsection (2), the power to make an order under section 6 and Schedule 2 shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(2)The power to make an order under paragraph 3(2)(c)(ii)and 3A(9) of Schedule 2 shall be exercisable by statutory instrument, and no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
(3)The power to make an order as mentioned in subsection (1) may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.
England and Wales
1General stores etc. in rural settlements.#
The noteLocal Government Finance Act 1988 (referred to in this Part as “the 1988 Act”) is amended as set out in Schedule 1 (which provides for mandatory or discretionary relief from non-domestic rates for certain hereditaments in rural settlements).
2Sporting rights.#
(1)Part III of the 1988 Act is amended as set out in subsections (2) to (6) (which provide for the abolition of liability to non-domestic rating in respect of sporting rights).
(2)In section 64(4) (relevant hereditaments), paragraph (d) (rights of sporting severed from occupation of land) is omitted.
(3)In section 65 (owners and occupiers of hereditaments or land)—
(a)in subsection (3), for “subsections (4) to (9) below” there is substituted “ the following provisions of this section ”, and
(b)subsection (9) (owners and occupiers of rights of sporting) is omitted.
(4)In Schedule 5 (hereditaments exempt from local non-domestic rating), paragraphs 10 (certain fishing rights) and 14(3) (fishing and shooting rights of drainage authorities) are omitted.
(5)In Schedule 6 (rateable value of non-domestic hereditaments), after paragraph 2B there is inserted—“2C 1 This paragraph applies where—a a hereditament consists wholly or in part of land on which a right of sporting is exercisable; andb the right is not severed from the occupation of the land.2 For the purposes of determining the rateable value of the hereditament under paragraph 2 above, the rent at which the hereditament might reasonably be expected to let shall be estimated as if the right of sporting did not exist.3 In this paragraph “right of sporting” means a right of fowling, shooting, taking or killing game or rabbits, or fishing.”
(6)In paragraph 3 of Schedule 6 (alternative rules for determination of rateable value of certain hereditaments), in sub-paragraphs (1)(a) and (2)(a), for “2B” there is substituted “ 2C ”.
3Crown property.#
After section 65 of the 1988 Act there is inserted—“65A 1 This Part applies to the Crown as it applies to other persons.2 Accordingly, liability to a non-domestic rate in respect of a hereditament is not affected by the fact that—a the hereditament is occupied by the Crown or by a person acting on behalf of the Crown or is used for Crown purposes, orb the Crown or a person acting on behalf of the Crown is the owner of the hereditament.3 If (apart from this subsection) any property would consist of two or more Crown hereditaments, the property is to be treated for the purposes of this Part as if it were a single hereditament occupied by such one of the occupiers as appears to the billing authority to occupy the largest part of the property.4 In this section, “Crown hereditament” means a hereditament which—a is occupied by a Minister of the Crown or Government department or by any officer or body exercising functions on behalf of the Crown, butb is not provided or maintained by a local authority or by a police authority established under section 3 of the notePolice Act 1996.5 In this section—a references to this Part include any subordinate legislation (within the meaning of the noteInterpretation Act 1978) made under it, andb “local authority” has the same meaning as in the noteLocal Government Act 1972, and includes the Common Council of the City of London.6 The Secretary of State may by order amend subsection (4)(b) above so as to alter the persons for the time being referred to there.7 Subsection (3) above does not affect the power conferred by section 64(3) above”
4Visiting forces etc.#
In Schedule 5 to the 1988 Act (hereditaments exempt from non-domestic rating), after paragraph 19 there is inserted—“19A 1 A hereditament is exempt to the extent that it consists of property which is occupied for the purposes of a visiting force, or a headquarters, in pursuance of arrangements made in that behalf with any Government department.2 In this paragraph—• “headquarters” means an international headquarters or defence organisation designated by an Order in Council under section 1 of the noteInternational Headquarters and Defence Organisations Act 1964; and• “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any provision of the noteVisiting Forces Act 1952.”
Part II · Parishes and Parish Councils
Consultation
Supplemental
23Orders and regulations under Part II.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Establishment and review
9Reviews of parishes by local authorities.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
11Petitions for new parishes.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
12Views of local authority about the petition.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
13Consideration by Electoral Commission#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
14Implementation by Secretary of State.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
15Regulations for supplementing orders under section 14.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
16Establishment of new parish councils by local authorities.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
17Electoral arrangements.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
18Considerations in deciding about electoral arrangements.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Part III · Powers of Parish Councils and Community Councils
Crime prevention
31Crime prevention.#
(1)A parish council or community council may, for the detection or prevention of crime in their area—
(a)install and maintain any equipment,
(b)establish and maintain any scheme, or
(c)assist others to install and maintain any equipment or to establish and maintain any scheme.
(2)In section 92 of the notePolice Act 1996 (grants by local authorities)—
(a)in subsection (1)—
(i)for “or London borough” there is substituted “ London borough, parish or community ”, and
(ii)for “county, district, county borough or borough” there is substituted “ council’s area ”, and
(b)in subsection (2), for “or district” there is substituted “ district or parish ”.
Transport etc.
26Car-sharing schemes.#
(1)A parish council or community council may—
(a)establish and maintain any car-sharing scheme, or
(b)assist others to establish and maintain any car-sharing scheme,
for the benefit of persons in the council’s area.
(2)A parish or community council may impose any conditions they think fit—
(a)on the participation of persons in any scheme established and maintained by the council under subsection (1)(a) (including conditions requiring persons who receive fares under the scheme to contribute to the costs of establishing and maintaining it), or
(b)on the giving of any assistance under subsection (1)(b).
(3)For the purposes of this section—
(a)a car-sharing scheme is a scheme for the provision of private cars for use on journeys in the course of which one or more passengers may be carried at separate fares, and
(b)the participants in a car-sharing scheme are those who make private cars available for use under the scheme or who are eligible for carriage as passengers under the scheme.
(4)In this section—
(a)“private car” means a motor vehicle other than a public service vehicle, a licensed taxi, a licensed hire car or a motor cycle,
(b)“motor vehicle”, “public service vehicle” and “fares” have the same meaning as in section 1 of the notePublic Passenger Vehicles Act 1981, and
(c)“licensed taxi” and “licensed hire car” have the meaning given by section 13(3) of the noteTransport Act 1985.
27Grants for bus services.#
After section 106 of the Transport Act 1985 there is inserted—“106A 1 A parish council or community council may make grants to any body towards expenditure incurred or to be incurred by that body in connection with the operation of—a a bus service appearing to the council to be wholly or mainly for the benefit of members of the public who are elderly or disabled; orb a community bus service (as defined in section 22 of this Act).2 The power in subsection (1) above may only be exercised if—a the bus service benefits, or appears to the council likely to benefit, persons living in the council’s area, andb a permit in relation to the use of the vehicle by means of which the service is, or is to be, provided has been granted to the body concerned under section 19 or 22 of this Act.3 Grants under this section may be made in such cases and subject to such terms and conditions as the council think fit.”
28Taxi fare concessions.#
(1)A parish council or a community council may enter into arrangements with any licensed taxi operator or licensed hire car operator under which—
(a)the operator grants fare concessions on local journeys specified in the arrangements to some or all of the persons falling within subsection (2), and
(b)the council reimburse the cost incurred in granting the concessions.
(2)The persons falling within this subsection are persons who are—
(a)resident in the council’s area, and
(b)specified for the time being in or under subsection (7) of section 93 of the Transport Act 1985 as eligible to receive travel concessions under a scheme established under that section.
(3)Arrangements made under subsection (1) may specify such other terms and conditions as the council think fit.
(4)In subsection (1) “licensed taxi operator” and “licensed hire car operator” mean a person who provides a service for the carriage of passengers by licensed taxi (as defined by section 13(3) of the Transport Act 1985) or by licensed hire car (as so defined).
29Information about transport.#
(1)A parish council or community council may investigate—
(a)the provision and use of, and the need for, public passenger transport services in their area,
(b)the use of and need for roads in their area, and
(c)the management and control of traffic in their area.
(2)A parish council or community council may publicise information on public passenger transport services in their area or, on any conditions they think fit, assist others to do so.
(3)In this section “public passenger transport services” has the same meaning as in the noteTransport Act 1985 (see section 63(10)).
30Traffic calming works.#
After section 274 of the noteHighways Act 1980 there is inserted—“274A A parish council or community council may contribute towards any expenses incurred or to be incurred by a highway authority in constructing, removing or maintaining—a traffic calming works, orb other works (including signs or lighting) required in connection with traffic calming works,if, in the opinion of the council, the expenditure is or will be of benefit to their area.”
Part IV · General
32Financial provisions.#
(1)There is to be paid out of money provided by Parliament—
(a)any expenses of the Secretary of State incurred in consequence of this Act, and
(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(2)There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.
33Minor and consequential amendments and repeals.#
(1)Schedule 3 (which makes minor and consequential amendments) is to have effect.
(2)The enactments shown in Schedule 4 (which include some that are spent) are repealed to the extent specified in the third column.
34Commencement.#
(1)Subject to subsections (2) and (3), this Act is to come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
(2)Part II and paragraphs 4 to 10 and 21 of Schedule 3 are to come into force at the end of the period of two months beginning with the day on which this Act is passed.
(3)This Part (except section 33) is to come into force on the passing of this Act.
(4)An order under subsection (1) may make such transitional provisions and savings as the Secretary of State considers necessary or expedient in connection with any provision brought into force by the order.
Schedule 1 · Relief from non-domestic rates for general stores etc. in rural settlements: England and Wales
(1)After section 42 of the 1988 Act there is inserted—“42A 1 Each billing authority shall compile and maintain, in accordance with section 42B below, a list (to be called its rural settlement list).2 A rural settlement list shall have effect for each chargeable financial year and shall identify for each such year any settlements mentioned in subsection (3) below.3 The settlements referred to in subsection (2) above are those which—a are wholly or partly within the authority’s area,b appear to the authority to have had a population of not more than 3,000 on the last 31st December before the beginning of the chargeable financial year in question, andc in that financial year are wholly or partly within an area designated by the Secretary of State by order as a rural area for the purposes of this section.4 A rural settlement list must identify the boundaries of each settlement (whether by defining the boundaries or referring to boundaries defined in a map or other document), but if a settlement is not wholly within the area of a billing authority the list need not identify the boundaries outside the authority’s area.5 An order under subsection (3)(c) above may provide for designating as a rural area any area for the time being identified by any person, in any manner, specified in the order.6 Subsection (1) above does not apply to a billing authority in respect of any chargeable financial year for which there are no such settlements as are mentioned in subsection (3) above (and, accordingly, if the authority has compiled a rural settlement list, it shall cease to maintain that list).42B 1 The billing authority shall, throughout the period of three months preceding the beginning of the first chargeable financial year for which a rural settlement list is to have effect, make available for inspection a draft of the list in the form in which the authority proposes that it should have effect for that year.2 In each chargeable financial year for which a rural settlement list has effect the billing authority shall (if it appears to the authority that section 42A(1) above will apply to the authority in respect of the next chargeable financial year) review the list and consider whether or not, for the next chargeable financial year, any alterations are required to the list in order to give effect to section 42A(2) above.3 If following the review the authority considers that any such alterations are required for that year, it shall, throughout the three months preceding the beginning of that year, make available for inspection a draft of the list in the form in which the authority proposes that it should have effect for that year.4 A billing authority which has compiled a rural settlement list shall make it available for inspection in the form in which the list has effect for each chargeable financial year to which it relates.5 Where a billing authority is required to make any list or draft available for inspection under this section, it shall make the list or draft available at any reasonable hour (and free of charge) at its principal office”
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
(a)has not and will not make any claim for allowances from any other body in respect of the approved duty to which the claim refers; and
(b)after subsection (3) there is inserted—“3A The rural settlement condition is—a that on the chargeable day the hereditament is within a settlement identified in the billing authority’s rural settlement list for the chargeable financial year in which that day falls, andb that the rateable value of the hereditament shown in the local non-domestic rating list at the beginning of the chargeable financial year is not more than any amount prescribed by the Secretary of State by order.3B Where section 43(6B)(c) above does not apply, the billing authority shall not, by virtue of subsection (3A) above, make such a decision as is referred to in subsection (3) above unless it is satisfied that—a the hereditament is used for purposes which are of benefit to the local community, andb it would be reasonable for the billing authority to make such a decision, having regard to the interests of persons liable to pay council tax set by it”
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 2 · Relief from non-domestic rates for general stores etc. in rural settlements: Scotland
Interpretation
(5)In this Schedule—• “financial year” means the twelve months ending with 31st March,• “non-domestic rate” is to be construed in accordance with section 7B of the noteLocal Government (Scotland) Act 1975,• “rateable value” is to be construed in accordance with section 6 of the noteValuation and Rating (Scotland) Act 1956.
Preparation and maintenance of lists
(2)
(1)The rating authority must, throughout the period of three months preceding the beginning of the first financial year for which a rural settlement list is to have effect, make available for inspection a draft of the list in the form in which the authority propose that it should have effect for that year.
(2)In each financial year for which a rural settlement list has effect the rating authority must (if it appears to the authority that paragraph 1(1) will apply to the authority in respect of the next financial year) review the list and consider whether or not, for the next financial year, any alterations are required to the list in order to give effect to paragraph 1(2).
(3)If following the review the authority consider that any such alterations are required for that year, they must, throughout the three months preceding the beginning of that year, make available for inspection a draft of the list in the form in which they propose that it should have effect for that year.
(4)A rating authority which has compiled a rural settlement list must make it available for inspection in the form in which the list has effect for each financial year to which it relates.
(5)Where a rating authority are required to make any list or draft available under this paragraph, they must make the list or draft available at any reasonable hour (and free of charge) at their principal office.
Rural settlement list
(1)
(1)Each rating authority must compile and maintain, in accordance with paragraph 2, a list (to be called its rural settlement list).
(2)A rural settlement list is to have effect for each financial year and must identify for each financial year any settlements mentioned in sub-paragraph (3).
(3)The settlements referred to in sub-paragraph (2) are those which—
(a)are wholly or partly within the authority’s area,
(b)appear to the authority to have had a population of not more than 3,000 on the last 31st December before the beginning of the financial year in question, and
(c)in that financial year are wholly or partly within an area designated by the Secretary of State by order as a rural area for the purposes of this paragraph.
(4)A rural settlement list must identify the boundaries of each settlement (whether by defining the boundaries or referring to boundaries defined in a map or other document), but if a settlement is not wholly within the area of a rating authority the list need not identify the boundaries outside the authority’s area.
(5)An order under sub-paragraph (3)(c) may provide for designating as a rural area any area for the time being identified by any person, in any manner, specified in the order.
(6)Sub-paragraph (1) does not apply to a rating authority in respect of any financial year for which there are no such settlements as are mentioned in sub-paragraph (3) (and, accordingly, if the authority have compiled a rural settlement list, they are to cease to maintain that list).
Schedule 3 · Minor and consequential amendments
Valuation and Rating (Scotland) Act 1956 (c.60)
(1)After section 6A(1) of the Valuation and Rating (Scotland) Act 1956 (power of Secretary of State to combine and divide lands and heritages) there is inserted—“1A An order specifying lands and heritages for the purposes of paragraph (a) of subsection (1) above may also provide rules to determine who is to be treated as owner or occupier of any of the specified lands and heritages.”
Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c.9)
(2)In section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 (reduction and remission of rates)—
(a)in subsection (5) for “the following subsection” there is substituted “ subsection (6) or, as the case may be, (6A) of this section ”,
(b)in subsection (6) for “the following subsection” there is substituted “ subsection (7) of this section ”, and
(c)after subsection (6) there is inserted—“6A Without prejudice to subsection (6) of this section, where any reduction or remission of rates is determined under subsection (5) of this section in the first six months of a year, the reduction or remission may be granted—a for the preceding year;b for a specified term of years, not exceeding five, beginning not earlier than the preceding year nor more than twenty four months after the date of the determination;c for an indefinite period beginning not earlier than the preceding year, subject to the exercise by the rating authority of their powers under subsection (7) of this section.”
Local Government (Financial Provisions) (Scotland) Act 1963 (c.12)
(3)In section 19 of the Local Government (Financial Provisions) (Scotland) Act 1963 (certain parks not to be entered in valuation roll), for subsection (1) there is substituted—“1 Subject to subsections (1A) and (1B) below, lands and heritages which consist of a park vested in or under the control of—a a local authority; orb a Minister of the Crown or Government department or any other officer or body exercising functions on behalf of the Crown,and any building comprised in any such park which is used for purposes ancillary to those of the park, shall not be entered in the valuation roll.1A Subsection (1)(a) above does not apply to a park from which the local authority derives a net profit.1B Subsection (1)(b) above does not apply unless the park is available for free and unrestricted use by members of the public.1C In construing subsection (1B) above any temporary closure (at night or otherwise) shall be ignored.”
Local Government Act 1972 (c. 70)
(4)The Local Government Act 1972 is amended as follows.
(5)In section 6 (term of office and retirement of district and county councillors)—
(a)in subsection (2)(c), for the words from “by an order” to the end there is substituted “ as mentioned in subsection (3) below ”, and
(b)after subsection (2) there is added—“3 The number of councillors referred to in subsection (2)(c) above may be provided—a by an order under paragraph 3 of Schedule 3 to this Act;b under or by virtue of the provisions of section 7 below;c by an order under Part II of the Local Government Act 1992; ord by an order under section 14 of the Local Government and Rating Act 1997.”
(6)
(1)Section 9 (parish meetings and councils) is amended as follows.
(2)Subsections (2), (3) and (5) are omitted.
(3)In subsection (4), for “or Part II of the Local Government Act 1992” there is substituted “ Part II of the Local Government Act 1992 or section 14 of the Local Government and Rating Act 1997, ”.
(4)In subsection (6)—
(a)for “this section” (in the first place it appears) there is substituted “ section 16 of the Local Government and Rating Act 1997 ”, and
(b)for “this section” (in the second place it appears) there is substituted “ section 16 of the Act of 1997 ”.
(7)In section 11 (orders for grouping parishes under common parish councils), in subsection (5)—
(a)“section 9 or” is omitted,
(b)after “1992” there is inserted “ or section 16 of the Local Government and Rating Act 1997 ”, and
(c)for “that section or subsection” there is substituted “ subsection (4) above or section 16 of the Local Government and Rating Act 1997 ”.
(8)In section 12 (provision supplementary to provisions about parish meetings and councils), in subsection (1), “9” is omitted.
(9)In section 16(1) (number of parish councillors), for the words from “shall” to the end there is substituted “ shall not be less than five. ”.
(10)In paragraph 10 of Schedule 3 (electoral arrangements for certain parish councils), for “or Part II of the Local Government Act 1992” in each place it appears there is substituted “ of this Act, Part II of the Local Government Act 1992 or Part II of the Local Government and Rating Act 1997 ”.
Local Government (Scotland) Act 1975 (c. 30)
(11)The Local Government (Scotland) Act 1975 is amended as follows.
(12)In section 2 (alterations to the valuation roll)—
(a)in subsection (1), paragraph (ee) is omitted,
(b)after subsection (1) there is inserted—“1A Subject to subsection (2)(cc) below, the assessor for any valuation area shall, as respects that area, alter the roll to give effect to any decision following an appeal or complaint under the Valuation Acts to a court, tribunal or valuation appeal committee and such alteration shall have effect from such date as shall be determined by the court, tribunal or committee.”
(c)in subsection (2)—
(i)in paragraph (c) omit the words in the proviso from “or” (in the second place it appears) to “circumstances” (in the first place it appears) and from “or,” (in the fourth place it appears) to the end, and
(ii)in paragraph (cc) for “subsection (1)(ee)” there is substituted “ subsection (1A) ”.
(13)In section 3 (supplementary valuation provisions)—
(a)in subsection (1) after “2(1)” there is inserted “ , (1A) ”,
(b)in subsection (4) omit the words “at any time while the roll is in force”,
(c)after that subsection there is inserted—“4A An appeal under subsection (4) above shall be made—a on the ground that there has been a material change of circumstances since the entry was made, not more than six months after the roll ceases to be in force;b on the ground that there has been such an error in the entry as is referred to in section 2(1)(f) of this Act, at any time while the roll is in force.”
(14)After section 3 (supplementary valuation provisions) there is inserted —“3A The assessor shall be entitled at any reasonable time of the day, on giving not less than twenty-four hours previous notice in writing to the occupier, to enter, survey and value for the purposes of the Valuation Acts any lands and heritages within the area for which he acts as assessor, and if any person refuses to admit the assessor to enter any lands and heritages or obstructs him in making his survey or valuation he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
Valuation and Rating (Exempted Classes) (Scotland) Act 1976 (c. 64)
(15)In section 2(2) of the Valuation and Rating (Exempted Classes) (Scotland) Act 1976 (supplementary provisions) for “sections 1, 2 and 5(2)” there is substituted “ sections 1 and 2 ”.
Water (Scotland) Act 1980 (c. 45)
(16)In section 109(1) of the Water (Scotland) Act 1980, for the definition of “agricultural lands and heritages” there is substituted—“• “agricultural lands and heritages” means any lands and heritages used for agricultural or pastoral purposes only or as woodlands, market gardens, orchards, allotments or allotment gardens and any lands exceeding 1011.75 square metres used for the purpose of poultry farming, but does not include any lands occupied together with a house as a park, garden or pleasure ground or any land kept or preserved mainly or exclusively for sporting purposes”
Representation of the People Act 1983 (c. 2)
(17)In section 36 of the Representation of the People Act 1983 (local elections in England and Wales), after subsection (3AB) there is inserted—“3AC Where the polls at—a the ordinary election of councillors for any electoral division of a county in England in which there are no district councils or an election to fill a casual vacancy occurring in the office of such a councillor, andb the ordinary election of parish councillors for any parish or an election to fill a casual vacancy occurring in the office of such a councillor,are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.”
National Heritage Act 1983 (c. 47)
(18)Every document purporting to be an instrument issued by the Committee and to be sealed with the seal of the Committee authenticated in the manner provided by paragraph 17, or to be signed by the secretary or any person authorised to act in that behalf, shall be received in evidence and, unless the contrary is proved, shall be deemed to be such instrument without further proof.
(1)Schedule 1 to the National Heritage Act 1983 is amended as follows.
(2)In paragraph 2 (status of Board of Trustees of Victoria and Albert Museum)—
(a)in sub-paragraph (4), for “sub-paragraph (5) and any other” there is substituted “ the provisions of any ”, and
(b)sub-paragraph (5) is omitted.
(3)In paragraph 12 (status of Board of Trustees of Science Museum)—
(a)in sub-paragraph (4), for “sub-paragraph (5) and any other” there is substituted “ the provisions of any ”, and
(b)sub-paragraph (5) is omitted.
(4)In paragraph 22 (status of Board of Trustees of Armouries)—
(a)in sub-paragraph (2), for “sub-paragraph (3) and any other” there is substituted “ the provisions of any ”, and
(b)sub-paragraph (3) is omitted.
(5)In paragraph 32 (status of Board of Trustees of Royal Botanic Gardens, Kew)—
(a)in sub-paragraph (4), for “sub-paragraph (5) and any other” there is substituted “ the provisions of any ”, and
(b)sub-paragraph (5) is omitted.
(19)In paragraph 2 of Schedule 3 to the National Heritage Act 1983 (status of the Historic Buildings and Monuments Commission for England)—
(a)in sub-paragraph (4), for “sub-paragraph (5) and any other” there is substituted “ the provisions of any ”, and
(b)sub-paragraph (5) is omitted.
Dockyard Services Act 1986 (c. 52)
(20)In section 3(1) of the Dockyard Services Act 1986 (treatment of land in designated dockyards)—
(a)paragraph (c) and the word “and” preceding it, “or, in Scotland, land or heritages” and “or for public purposes” are omitted, and
(b)for “those enactments” there is substituted “ that enactment ”.
Banking Act 1987 (c. 22)
(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Finance Act 1988 (c. 41)
(22)The Local Government Finance Act 1988 is amended as follows.
(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(24)In section 59 (contributions in aid), for “Crown hereditament” there is substituted “ hereditament which is exempt from local non-domestic rating by virtue of paragraph 19A of Schedule 5 below (property occupied for purposes of visiting forces etc.) ”.
(25)In section 64 (hereditaments), subsections (5) to (7D) are omitted.
(26)In section 67 (interpretation), after subsection (5) there is inserted—“5A In subsection (5) above “Crown hereditament” has the same meaning as in section 65A above.”
(27)In paragraph 15 of Schedule 5 (exempt parks), in sub-paragraph (3), before paragraph (a) there is inserted—“aa a Minister of the Crown or Government department or any officer or body exercising functions on behalf of the Crown,”
National Maritime Museum Act 1989 (c. 8)
(28)Section 1(6) of the National Maritime Museum Act 1989 (exemption from rates of land occupied for purposes of Museum) is omitted.
Local Government Finance Act 1992 (c. 14)
(29)In Schedule 12 to the Local Government Finance Act 1992 (payments to local authorities by the Secretary of State), in paragraph 10—
(a)in sub-paragraph (2)(a), for “any rule of law relating to Crown exemption” there is substituted “ section 7 (exemption for visiting forces etc.) of the Local Government and Rating Act 1997 ”,
(b)in sub-paragraph (3)(a)—
(i)in paragraph (ii) “and” is omitted,
(ii)after paragraph (iii) there is inserted“and iv paragraph 4 of Schedule 2 (discretionary relief for rural settlements) to the Local Government and Rating Act 1997”
Schedule 4 · Repeals
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