Non-domestic rates: legislation

Non-domestic rates legislation

Legal Framework

The Acts listed below form the core legislative framework relating to the valuation, calculation and administration of the non-domestic rate.

• Lands Valuation (Scotland) Act 1854
• Valuation and Rating (Scotland) Act 1956
• Local Government (Scotland) Act 1975
• Abolition of Domestic Rates Act 1987
• Local Government Finance Act 1992
• Local Government etc. (Scotland) 1994
• Local Government and Rating Act 1997
• Local Government in Scotland Act 2003

The Lands Valuation (Scotland) Act 1854 still provides the foundation for the structure and machinery of the valuation system.

Non-Domestic Rate Collection

• Non-Domestic Rating Contributions (Scotland) Regulations 1996
• Non-Domestic Rating Contributions (Scotland) Amendment Regulations 1997
• Non-Domestic Rating Contributions (Scotland) Amendment Regulations 1998
• Non-Domestic Rating Contributions (Scotland) Amendment Regulations 1999

Non-Domestic Rate Poundage

• The Non-Domestic Rate (Scotland) Order 2019
• Non-Domestic Rates (Levying) (Scotland) Regulations 2012 (2012 No. 28) These Regulations make provision from 1 April 2012, for reductions in non-domestic rates as a result of the Small Business Bonus Scheme and provides for a poundage supplement on larger business properties with a rateable value in excess of £35,000
• Non-Domestic Rates (Levying) (Scotland) (No 2) Regulations 2012 Public Health Supplement from 1 April 2012.  Revoked by the Non-Domestic Rates (Levying) (Scotland) Amendment Regulations 2015

Valuation

• The Valuation Timetable (Scotland) Order 1995, as amended in the Valuation Timetable (Scotland) Amendment Order 1997, 2007 and 2015.
• The Council Tax (Dwellings and Part Residential Subjects) (Scotland) Regulations 1992:
• - Bed and breakfast accommodation: this falls to be entered on the Valuation Roll and is liable for non-domestic rates if it is intended to be commercially let to more than 6 persons per night 
  - Self-catering holiday accommodation: this falls to be entered on the Valuation Roll and is liable for non-domestic rates if it is available to let in aggregate for 140 days or more in the financial year 

Non-Domestic Rate Relief Schemes

Business Growth Accelerator

• The Non-Domestic Rates (New and Improved Properties) (Scotland) Regulations 2018
• The Non-Domestic Rates (Relief for New and Improved Properties) (Scotland) Regulations 2019 as amended by the Non-Domestic Rates (Relief for New and Improved Properties) (Scotland) Amendment Regulations 2019

Charity Relief

• Valuation and Rating (Scotland) Act 1956 - section 23
• Local Government (Financial Provision etc) (Scotland) Act 1962 - section 4

Community Empowerment Relief (Local Discretionary Relief)

• Community Empowerment (Scotland) Act 2015 – Section 140: which inserts section 3A of the Local Government (Financial Provision etc) (Scotland) Act 1962)

Day Nursery Relief

• The Non-Domestic Rates (Day Nursery Relief) (Scotland) Regulations 2018 (to 31 March 2021)

Disability Relief

• Rating (Disabled Persons) Act 1978

District Heating Relief

• The Non-Domestic Rates (District Heating Relief) (Scotland) Regulations 2017

Empty Property Relief

• Local Government (Scotland) Act 1966 - section 24, 24A and 24B
• Local Government etc (Scotland) Act 1994 - section 154
• The Non Domestic Rating (Unoccupied Property) (Scotland) Regulations 1994
• The Non-Domestic Rating (Unoccupied Property) (Scotland) Regulations 2018

Enterprise Areas Relief

• Non-Domestic Rates (Enterprise Areas) (Scotland) Regulations 2012 as amended by The Non-Domestic Rates (Enterprise Areas) (Scotland) Amendment Regulations 2013 (relief to 31 March 2016) 
• Non-Domestic Rates (Enterprise Areas) Regulations 2016 (to 31 March 2020)

Farm Diversification (Former Agricultural Premises)

• Local Government in Scotland Act 2003 - section 28

Fresh Start Relief

• Local Government (Scotland) Act 1966 – Section 24, 24A and 24B 
• The Non Domestic Rating (Unoccupied Property) (Scotland) Regulations 1994
• The Non-Domestic Rating (Unoccupied Property) (Scotland) Regulations 2018

Hardship Relief

• Local Government (Scotland) Act 1966 – Section 25A
• Local Government etc (Scotland) Act 1994 - section 156

Mobile Masts Relief

• The Non-Domestic Rates (Telecommunication Installations) (Scotland) Regulations 2016 
• The Non-Domestic Rates (Telecommunications and Canals) (Scotland) Amendment Order 2016 - Provides that masts to which the relief applies receive separate entries in the valuation roll
• The Non-Domestic Rates (Telecommunication Installations) (Scotland) Amendment Regulations 2018 
• The Non-Domestic Rates (Telecommunication Installations) (Scotland) Amendment Regulations 2019

New Fibre Relief

• The Non-Domestic Rates (Telecommunications New Fibre Infrastructure Relief) (Scotland) Regulations 2019
• The Non-Domestic Rating (Telecommunications New Fibre Infrastructure) (Scotland) Order 2019 - provides that new fibre infrastructure installed after 1 April 2019 receives separate entries in the valuation roll.

New Start Relief

• Local Government (Scotland) Act 1966 – Section 24, 24A and 24B
• The Non Domestic Rating (Unoccupied Property)(Scotland) Regulations 1994
• The Non-Domestic Rating (Unoccupied Property) (Scotland) Regulations 2018    

Renewable Energy Relief  

• Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Regulations 2010
• The Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Amendment Regulations 2016
• The Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Amendment Regulations 2017 – Amended the threshold to 0.5 megawatt of the total installed capacity
• The Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Amendment Regulations 2018 – Small Hydro Relief

Rural Rate Relief

• Local Government and Rating Act 1997 - schedule 2
• The Non Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2008

Small Business Rate Relief Scheme

• Local Government etc. (Scotland) Act 1994 - section 153
• Non Domestic Rates (Levying) (Scotland) Regulations 2007

Small Business Bonus Scheme

• Local Government etc (Scotland) Act 1994 - section 153
• Non Domestic Rates (Levying) (Scotland) Regulations 2008
• Non-Domestic Rates (Levying) (Scotland) Regulations 2019 

Small Business Bonus Scheme and Large Business Supplement

• Local Government etc (Scotland) Act 1994 - section 153
• Non Domestic Rates (Levying) (Scotland) (No 2) Regulations 2010

Sports Clubs

• A Community Amateur Sports Club that is a registered charity: Charity and Trustee Investment (Scotland) Act 2005 - section 98
• A sports club that is a registered charity: Local Government (Financial Provision etc) (Scotland) Act 1962 - section 4
• A sports club that does not meet the above requirements: Valuation and Rating (Scotland) Act 1956 - section 23

Stud Farms / Riding Schools

• The Valuation (Stud Farms) (Scotland) Order 2005 (revoked the Valuation (Stud Farms) (Scotland) Order 2003)

Transitional Relief

• The Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2017, as amended by the Non-Domestic Rates (Transitional Relief) Amendment (Scotland) Regulations 2018 and 2019.

Non Domestic Rates Full Exemption Schemes

Agricultural Lands and Heritages

• Local Government (Financial Provisions) (Scotland) Act 1963 - section 14

Fish Farms

• Local Government, Planning and Land Act 1980 - section 32

Churches and Other Places of Worship

• Valuation and Rating (Scotland) Act 1956 - section 22

Sewers

• Valuation and Rating (Scotland) Act 1956 - section 8

Public Parks

• Local Government (Financial Provisions) (Scotland) Act 1963 - section 19

Oil and Gas Pipelines

• Valuation and Rating (Exempted Classes) (Scotland) Order 2002

Diplomatic Missions

• Diplomatic Privileges Act 1964

ATMs (rural areas)

• Local Government in Scotland Act 2003 - section 30

Offshore Electricity Generators

• The Valuation and Rating (Exempted Classes) (Scotland) Order 2006

Sporting/shooting Rights

• Local Government and Rating Act 1997 - section 2
• The Local Government and Rating Act 1997 (Commencement No. 1) Order 1997

Machinery Rings, Contract and Share Farming

• The Local Government (Scotland) Act 2003 - Part 5 (32)

Sub-sea Telecommunication and Electricity Cables

• The Valuation and Rating (Exempted Classes) (Scotland) Order 2008

Renewable Microgeneration 

• The Valuation for Rating (Plant and Machinery) (Scotland) Amendment Regulations 2008

Lighthouses, buoys and beacons

• The Merchant Shipping Act 1995 – section 221

Designated Assessors Regime

• Valuation and Rating (Scotland) Act 1956 – sections 6A(1)(aa) and (1B)
• The Non-Domestic Rating (Valuation of Utilities) (Scotland) Revocation Order 2005
• The Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005
• The Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2005

Telecommunication

Non-Domestic Rating - Telecommunications Local Loop Unbundling 2008 Consultation

• The Non-Domestic Rating (Telecommunications and Canals) (Scotland) Amendment Order 2008
• Local Loop Unbundling: The Non Domestic Rating (Telecommunications and Canals) (Scotland) Amendment Order 2008 - Consultation Responses
• Consultation Document - January 2008

Non-Domestic Rating- Telecommunications Local Loop Unbundling 2006 Consultation

• The Non-Domestic Rating (Telecommunications and Canals) (Scotland) Amendment Order 2006
• Local Loop Unbundling: The Non Domestic Rating (Telecommunications and Canals) (Scotland) Amendment Order 2006 - Consultation Responses
• Consultation Document - July 2006

Appeals

• Lands Valuation (Scotland) Act 1854
• The Valuation Appeal Committee (Procedure in Appeals under the Valuation Acts) (Scotland) Regulations 1995, as amended by The Valuation Appeal Committee (Procedure in Appeals under the Valuation Acts) (Scotland) Amendment Regulations 2017
• The Valuation Appeal Committee (Electronic Communications) (Scotland) Order 2007