Office of Public Sector Information

Part IV Exchequer Grants

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

28 Amendment of s. 11 (1) of Act of 1954

On and after the sixteenth day of May, nineteen hundred and fifty–six, subsection (1) of section eleven of the Act of 1954 (which section contains provisions relating to the method of allocating the expenditure of any combination of local authorities) shall have effect as if for the words from “any reference” to the end of the sibsection therre were substituted the following words :— “any reference in that provision to the rateable valuation of an area, or part of an area, of an authority shall be construed—

(a)where the area is a county the council of which are charged under any enactment with providing the service to which the combination relates in one or more burghs, as a reference to an amount calculated by taking the rateable valuation of the landward area of the county, or that part thereof as aforesaid, or its standard rateable value, whichever is the higher, and adding thereto the rateable valuation or the standard rateable value, whichever is the higher, of each burgh situated in the county or such part thereof, being a burgh within which the county council are charged with providing the said service;

(b)in any other case as a reference to the rateable valuation of that area, or that part of that area, or to its standard rateble value, whichever is the higher.”

29 Duration of Part IV

Section fourteen of the Act of 1954 in so far as it relates to the expiry of the said Act is hereby repealed, and the said Act and this Part of this Act (which shall be construed as one with the Act of 1954) and Part II of the Act of 1948 shall continue in force until the expiry of the sixth year after the passing of this Act and shall then expire.

Part V Miscellaneous and Consequential Provisions

30 Calculation or apportionment of sums to be according to net annual valuation

(1)Where in pursuance of any enactment, statutory order or agreement any sum is required to be calculated according to the gross annual valuation of any area or is required to be apportioned and allocated among local authorities or other bodies according to the gross annual valuation of any two or more areas, such calculation or such apportionment and allocation, as the case may be, shall, on and after the sixteenth day of May, nineteen hundred and sixty–one, be made according to the net annual valuation of the area or areas in question.

(2)Subsection (2) of section two hundred and eighteen of the Act of 1947 (which subsection contains provisions relating to the apportionment of expenditure among local authorities) shall on and after the date mentioned in the foregoing subsection have effect as if for the words “gross annual valuation” appearing therein there were substituted the words “net annual valuations”.

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

33 Amendment of ss. 239 to 241 of Act of 1947

The deduction allowed to an owner of lands and heritages in pursuance of sections two hundred and thirty–nine, two hundred and forty and two hundred and forty–one of the Act of 1947 (which sections provide for the recovery from the owner of certain lands and heritages of the occupiers’ rates payable in respect thereof) shall after the commencement of the year first commencing after the passing of this Act be two and one–half per centum or such larger sum not exceeding five per centum as the rating authority and the owner may in any case agree or as may, in default of such agreement, be fixed by the sheriff on application by the rating authority or the owner.

34 Amendment of s. 248 of Act of 1947

Section two hundred and forty–eight of the Act of 1947, (which provides that a claim against any person in respect of rates due by him shall have priority over other claims against such person) shall have effect as if the following proviso were inserted at the end of subsection (2), namely:— “Provided that nothing in this section shall authorise the recovery from the person who has taken the goods and effects of any sum exceeding the amount recovered by that person under deduction of the expenses of and incidental to the taking of such goods and effects and their preservation and sale.”

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

36 Amendment of Seventh Schedule to Housing (Scotland) Act, 1950

On and after the sixteenth day of May first occurring after the passing of this Act the Seventh Schedule to the Housing (Scotland) Act, 1950 (which contains provisions for the purpose of determining the amount of the contributions which the Secretary of State is required or authorised under cerain enactments to make to a local authority), shall have effect as if for sub–paragraph (2) of paragraph 5 thereof there were substituted the following sub–paragraph:—

“(2)The estimated expenditure for the financial year shall be the sum of the amounts ascertained under heads (c), (d) and (e) of the foregoing sub–paragraph and an amount equal to the owner’s rates for the financial year in which the Valuation and Rating (Scotland) Act, 1956, passed.”

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

38 Amendment of s. 1 (9) of Land Drainage (Scotland) Act, 1941

On and after the sixteenth day of May, nineteen hundred and sixty–one, subsection (9) of section one of the Land Drainage (Scotland) Act, 1941, shall have effect as if for the words from “in proportion to the gross annual value” to the end of the subsection there were substituted the words “in such proportions as, failing agreement, may be determined by the Secretary of State”.

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

41 Financial Provisions

There shall be paid out of moneys provided by Parliament—

(a)any increase attributable to the passing of this Act in the sums payable out of moneys so provided under the Act of 1954; and

(b)any increase attributable to the passing of this Act in the sums payable out of moneys so provided under section ten of the M1Police (Scotland) Act, 1946; and

(c)all expenses incurred by the Secretary of State under this Act.

42 Provisions as to orders

(1)Any power to make an order conferred on the Secretary of State by this Act, other than the power conferred on him by paragraph 2 or paragraph 7 of the Fourth Schedule to this Act, shall include a power exercisable in the like manner to make an order varying or revoking any order so made.

(2)An order made by the Secretary of State under this Act may contain such incidental, consequential and supplemental provisions as appear to the Secretary of State to be necessary or proper for bringing the order into operation and giving full effect thereto.

43 Interpretation

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “the Act of 1947” means the M1Local Government (Scotland) Act, 1947;

• “the Act of 1948” means the M2Local Government Act, 1948;

• “the Act of 1954” means the M3Local Government (Financial Provisions) (Scotland) Act, 1954;

• F1. . .

• . . . F2

• “drain” means a drain used for the drainage of one building or of any buildings or yards pertaining to buildings within the same curtilage;

• . . . F3

• [F4“gas” includes gas in a liquid state, but—

(a)the liquefaction of gas, and

(b)the evaporation of gas in a liquid state,

shall not of themselves be taken to constitute the manufacture of gas or the application of a process to gas]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

• . . . F2

• “local authority” has the like meaning as in the Act of 1947;

• “net annual valuation”, in relation to any area, means the total of the net annual values of the lands and heritages in that area;

• “officer” includes servant;

• “rate” means any rate, . . . F6the proceeds of which are applicable to public local purposes and which is leviable in respect of lands and heritages, but does not include—

(a)the fishery assessment levied under the M4Salmon Fisheries (Scotland) Act, 1862, and the Acts amending that Act or under any corresponding provision of a local Act; or

(b)any rate payable under section one of the M5Land Drainage (Scotland) Act, 1941;

• “rateable valuation”, in relation to any area, means the total of the rateable values of the lands and heritages in that area;

. . . F7

• “sewer” does not include a drain as defined in this section but, save as aforesaid, includes all sewers and drains used for the drainage of buildings and yards pertaining to buildings;

• [F8“the Valuation Acts” means the M6Lands Valuation (Scotland) Act 1854, the Acts amending that Act and any other enactment relating to valuation;]

• “Valuation Appeal Committee” has the meaning assigned to it by section five of this Act;

• “valuation area” has the meaning assigned to it by section one of this Act;

• “valuation authority” has the meaning assigned to it by [F9section 27 of the Local Government etc. (Scotland) Act 1994];

• “year” means a period of twelve months beginning with the sixteenth day of May, and “the year 1956–57” means the year beginning with the sixteenth day of May, nineteen hundred and fifty–six, and any corresponding expression in which two years are similarly mentioned means the year beginning with the sixteenth day of May in the first mentioned of those two years.

(2)For the purpose of the application of this Act (except section sixteen and Part IV thereof and the Third Schedule thereto) to any valuation area for which the valuation roll comes into force on a day other than the sixteenth day of May, any reference in this Act to the last–mentioned day shall be construed as a reference to that other day; and for the purpose of the application of the said section sixteen and the said Third Schedule to the area of any local authority whose financial year commences on a day other than the sixteenth day of May, any reference in this Act to the last–mentioned day shall be construed as a reference to that other day.

(3)Any reference in this Act to any enactment shall be construed as a reference to that enactment as amended or extended by any other enactment including this Act.

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

45 Short title and extent

(1)This Act may be cited as the Valuation and Rating (Scotland) Act, 1956.

(2)This Act shall extend to Scotland only.