"the 1975 Act" means the Local Government (Scotland) Act 1975;

"a Company" means any person carrying on an undertaking and includes a Scottish electricity company;

"declared net capacity", in relation to generating plant, means the highest generation of electricity at the generator terminals, which can be maintained indefinitely without causing damage to the plant, less so much of that generation as is consumed by the plant, expressed in megawatts to the nearest one hundredth part of a megawatt and calculated on the relevant assumption;

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

"generating plant", in relation to any lands or heritages, means plant in or on the lands and heritages which is used or available for use for the purposes of generating electricity;

"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;

"relevant assumption"-

(a) in relation to generating plant the sole or primary source of energy for which is the burning of oil or coal, is that-


(i) the temperature of the water entering the cooling system is-


(aa) 19 degrees Celsius, where the water is circulated on the lands and heritages for re-use in the cooling system; or

(bb) 10 degrees Celsius in any other case; and



(ii) insofar as they affect the generating plant-



(aa) the air temperature is 10 degrees Celsius; and

(bb) the air pressure is 1013 millibars;



(b) in relation to generating plant the sole or primary source of energy for which is wind power, is that the wind speed is sufficient to power the generating plant at its highest generation of electricity;

(c) in relation to generating plant the sole or primary source of energy for which is water power, is that the water flow is sufficient to power the generating plant at its highest generation of electricity; and

(d) in any other case, is the assumption specified in paragraph (a)(ii) above;

"Scottish electricity company" means-

(a) Scottish Power UK plc; or

(b) Scottish and Southern Energy plc; or

(c) British Energy Generation (UK) Limited; and

"undertaking" means an undertaking for the generation of electricity.

    (2) Any reference in this Order to-

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

(a) generation is the sole or principal purpose of the use of the prescribed lands and heritages, or they are principally used in connection with the sale of both electrical power and heat, or the primary source of energy is the burning of refuse; and

(b) the generating plant uses wind, wave, tidal or water power as its primary source of energy, where the declared net capacity is 500 kilowatts or more or, where refuse is burned and the use for generating electricity is not as described in (a) above, 25 megawatts or more.

The Order applies to generating premises of the Scottish electricity companies where generation is the sole or primary use and wind, wave or tidal power is used as the primary source of energy.

The Order provides for the rateable value of the prescribed class of lands and heritages of each undertaking to be calculated on the basis of an amount per megawatt of declared net capacity of the generating plant in or on the lands and heritages set out in the Table in article 4 depending on the particular main source of energy used by that generating plant.

The Order provides for the apportionment, in appropriate cases, of the rateable value of the prescribed lands and heritages of each undertaking among different local authorities (article 5).

The Order also amends certain enactments relating to the valuation of the prescribed lands and heritages and revokes a previous Order, now spent (articles 6 to 9).