Rating And Valuation Citation and commencement 1 These Regulations may be cited as the Non‑Domestic Rates (Levying) (Scotland) (No. 2) Regulations 2010 and come into force on 1st April 2011. Interpretation 2 In these Regulations— “the 1962 Act ” means the Local Government (Financial Provisions etc.) (Scotland) Act 1962 ; “the 1966 Act ” means the Local Government (Scotland) Act 1966 ; “the 1975 Act ” means the Local Government (Scotland) Act 1975 ; “the 1997 Act ” means the Local Government and Rating Act 1997 ; “cumulative rateable value” means the total rateable value of all lands and heritages which an individual ratepayer is either— entitled to occupy, whether they are occupied or not; or actually in occupation of, whether entitled to or not, or both; “lands and heritages” has the meaning prescribed by and under section 42 of the Lands Valuation (Scotland) Act 1854 ; “part residential subjects” has the meaning prescribed by section 99(1) of the Local Government Finance Act 1992 ; “rateable value”, in relation to lands and heritages and a particular date, means— in the case of part residential subjects, the rateable value entered in the roll for that date and apportioned to the non residential use of those subjects; and in any other case, the rateable value entered in the roll for that date in respect of those lands and heritages, and includes a rateable value so entered with retrospective effect; “rates” means non-domestic rates levied under section 7B of the 1975 Act ; “the relevant year” means the period of 12 months beginning with 1st April 2011; and “the roll” means a valuation roll made up under section 1 of the 1975 Act . Amount payable as rates – lands and heritages with rateable value of £18,000 or less 3 1 This regulation grants relief to a person who is liable to pay rates in respect of lands and heritages on a day in the relevant year where they have— a a rateable value of £18,000 or less; and b a cumulative rateable value not exceeding £25,000. 2 Subject to paragraph (3), where the cumulative rateable value of lands and heritages falls within one of the ranges specified in column 1 (cumulative rateable value range) of the table below, the amount of rates payable shall be reduced by the percentage specified in the corresponding entry in column 2 (percentage of rate relief). Cumulative rateable value range Percentage of rate relief £10,000 or less 100% More than £10,000 but not exceeding £12,000 50% More than £12,000 but not exceeding £18,000 25% More than £18,000 but not exceeding £25,000 25% on each individual property with a rateable value of £18,000 or less 3 The amount of rate relief calculated under paragraph (2) shall be reduced by the amount of any— a reduction by virtue of one or more of the following enactments:— i section 4(2) of the 1962 Act ; ii section 4(5)(c) of the 1962 Act ; iii section 24(3) of the 1966 Act ; iv section 24A of the 1966 Act ; v the Rating (Disabled Persons) Act 1978 ; vi paragraph 3 of Schedule 2 to the 1997 Act ; or b determination in accordance with sections 6(1) and 7B(2) of the Valuation and Rating (Scotland) Act 1956 , but only to the extent that the amount of such rate relief is reduced to nil. Amount payable as rates – lands and heritages with rateable value of more than £35,000 4 1 This regulation applies to lands and heritages on any day in the relevant year when they have a rateable value exceeding £35,000. 2 The additional amount payable as rates in respect of lands and heritages for a day in the relevant year on which this regulation applies to them shall be calculated in accordance with the formula— AARP = ( R V x S ) 365 where— AARP is the additional amount of rates payable; RV is the rateable value of the lands and heritages on that day; and S is the additional factor of 0.007. 3 This regulation does not apply to lands and heritages to which regulation 3 of the Non-Domestic Rates (Levying) (Scotland) (No. 3) Regulations 2010 ( S.S.I. 2010/441 ) applies. Renewable Energy Generation Relief 5 1 Regulation 2 (interpretation) of the Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Regulations 2010 is amended in accordance with this regulation. 2 For the definition of “local authority”, substitute— “local authority” means the rating authority in whose valuation roll the entry for the lands and heritages appears; . 3 In the definition of “renewable heat or power”, omit “and has an electrical capacity of 50 kilowatts or less”. Exemptions and discretionary reductions and remissions 6 Nothing in these Regulations— a requires rates to be paid in respect of lands and heritages for any day where those lands and heritages are under any enactment entirely exempt from rates for that day; or b prejudices the power of a rating authority to grant a reduction or remission of rates under section 4(5) of the 1962 Act, section 25A of the 1966 Act or paragraph 4 of Schedule 2 to the 1997 Act . Revocation of the 2010 Regulations 7 1 In this regulation, “the 2010 Regulations” means the Non-Domestic Rates (Levying) (Scotland) Regulations 2010 . 2 Subject to paragraph (3), the 2010 Regulations are revoked. 3 Nothing in paragraph (2) shall affect the continuing operation of the 2010 Regulations as regards any day prior to 1st April 2011. JOHN SWINNEY A member of the Scottish Executive St Andrew’s House, Edinburgh 8th December 2010