Non-domestic rates reform: consultation
Consultation on non-domestic rates reform on the 15 proposed reforms to legislation, as advised by the Barclay review.
Background
1.Over the period from July 2016 to August 2017, Ken Barclay led a review into the business rates system in Scotland under the following remit -
"To make recommendations that seek to enhance and reform the non-domestic rates system in Scotland to better support business growth and long term investment and reflect changing marketplaces, whilst still retaining the same level of income to deliver local services upon which businesses rely."
2.The Barclay review published its final report on 22 August 2017 and made 30 recommendations to The Scottish Government.
3.In a statement to Parliament [1] and accompanying publication [2] on 12 September 2017, the Cabinet Secretary for Finance and the Constitution responded to 25 of the recommendations, accepting the vast majority, and noting that the remaining five required further engagement and consideration.Following that engagement, a further response was confirmed on 28 November 2017 in respect of council arm's-length external organisations ( ALEOs) [3] .
4.On 14 December an implementation plan including substantive responses to all 30 recommendations together with the Government's implementation actions was published [4] .That included measures which went beyond what Barclay recommended, including several that are unique within the UK.
5.The overall response, ensures that Scotland offers the most competitive package of non-domestic rates reliefs in the UK.
6.To inform delivery of our Barclay response, Scottish Government convened an Implementation Advisory Group to advise on the details of a number of Barclay recommendations.The group has met several times so far and their views have informed this consultation paper. They will continue to meet to progress administrative reforms and discuss progress of primary legislation.
7.Several Barclay recommendations can be implemented administratively but others require the Government to bring forward legislation.The detail for each recommendation is set out in the table below.
Summary of Barclay recommendations
Table 1: Barclay recommendations - summary
Number | Description | Status | Legislation needed |
---|---|---|---|
1 | Business growth accelerator | Accepted -implemented 1 April 2018 | Secondary legislation (completed April 2018). Option for primary legislation- informed by this consultation paper |
2 | Three yearly revaluations | Accepted | Primary legislation needed. Informed by this consultation paper |
3 | Reduction in large business supplement | Accepted | Will be implemented by secondary legislation when affordable |
4 | New relief for day nurseries | Accepted – implemented 1 April 2018 | Secondary legislation (completed April 2018) |
5 a | Expanding fresh start relief to benefit town centres | Accepted – implemented 1 April 2018 | Secondary legislation (completed April 2018) |
5 b | Pilot scheme to increase rates out of town | Accepted | Primary legislation needed. Informed by this consultation paper |
6 | Review of plant and machinery valuation | Accepted | None. Administrative change |
7 | Review of Small Business Bonus Scheme | Accepted | None. Administrative change |
8 | 'Road map' for future rates changes | Accepted | None. Administrative change |
9 | Provision of better information | Accepted | None. Administrative change |
10 | Relief recipients to be published | Accepted | None. Administrative change |
11 | Employ rateable value finder product | Accepted | None. Administrative change |
12 | More transparency & consistency from Assessors | Accepted | None. Administrative change |
13 | Greater information gathering power for Assessors | Accepted | Primary legislation needed. Informed by this consultation paper |
14 | Standardised rates bills across Scotland | Accepted | None. Administrative change |
15 | Incentivise online billing | Accepted | None. Administrative change |
16 | Penalty for non-provision of information to councils | Accepted | Primary legislation needed. Informed by this consultation paper |
17 | Councils to make refund payments faster | Accepted | Administrative change |
18 | Enable quicker debt recovery from ratepayers | Accepted | Primary legislation needed. Informed by this consultation paper |
19 | Reform of the appeals system | Accepted | Primary legislation needed. Informed by this consultation paper |
20 | General Anti-Avoidance Rule ( GAAR) | Accepted | Primary legislation needed. Informed by this consultation paper |
21 | Close empty property relief loophole | Accepted | Primary legislation needed. Informed by this consultation paper |
22 | Close SBBS second homes loophole | Accepted | Primary legislation needed. Informed by this consultation paper |
23 | All relief awards to be checked for errors | Accepted | None. Administrative change |
24 | Reform charity relief | Partially accepted | Primary legislation needed for part of this recommendation . Informed by this consultation paper |
25 | Relief restricted to properties in active occupation | Accepted | Primary legislation needed . Informed by this consultation paper |
26 | Reform empty property relief | Accepted | Primary legislation needed. Informed by this consultation paper |
27 | Sports relief for affordable community facilities | Accepted | Primary legislation needed. Informed by this consultation paper |
28 | All property should be on valuation roll | Will not be progressed | N/A |
29 | Commercial agricultural processing | Will not be progressed | N/A |
30 | Commercial activity on parks etc. | Accepted | Primary legislation needed. Informed by this consultation paper |
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