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Local Government Finance Act 1988

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This is the original version (as it was originally enacted).

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133Community charges: cross-border information

(1)The Secretary of State may make regulations providing that any person mentioned in subsection (2) below shall supply to a community charges registration officer for an English or Welsh charging authority such information as fulfils the following conditions—

(a)it is in the possession or control of the person concerned,

(b)the registration officer requests the person concerned to supply it,

(c)it is requested by the registration officer for the purpose of carrying out his functions under Part I, and

(d)it does not fall within any prescribed description of information which need not be supplied.

(2)The persons are—

(a)the community charges registration officer for a Scottish region or islands area,

(b)a Scottish regional council or islands council, and

(c)the assessor or electoral registration officer for any area in Scotland.

(3)The Secretary of State may make regulations providing that any person mentioned in subsection (4) below shall supply to a community charges registration officer for a Scottish region or islands area such information as fulfils the following conditions—

(a)it is in the possession or control of the person concerned,

(b)the registration officer requests the person concerned to supply it,

(c)it is requested by the registration officer for the purpose of carrying out his functions under the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987, and

(d)it does not fall within any prescribed description of information which need not be supplied.

(4)The persons are—

(a)the community charges registration officer for an English or Welsh charging authority,

(b)an English or Welsh charging authority, and

(c)the electoral registration officer for any area in England and Wales.

(5)Regulations under this section may include provision that the information is to be supplied in a prescribed form and within a prescribed period of the request being made.

134Duty to consult ratepayers

(1)A relevant authority shall consult under this section persons or bodies appearing to it to be representative of persons subject to non-domestic rates under sections 43 and 45 above as regards hereditaments situated in the authority’s area.

(2)Consultations must be made as to each chargeable financial year, and must be about the authority’s proposals for expenditure (including capital expenditure) in that financial year; and the Secretary of State may by regulations prescribe matters which are to be treated as expenditure for this purpose.

(3)Each of the following is a relevant authority—

(a)a charging authority;

(b)a precepting authority which falls within section 144(2)(a) to (e) below.

(4)The duty to consult as to a financial year shall be performed—

(a)where the authority is a charging authority, before it makes calculations (otherwise than by way of substitute) in relation to the financial year under section 95 above;

(b)where the authority is a precepting authority, before it issues the first precept to be issued by it for the financial year.

(5)In performing the duty to consult, an authority shall have regard to any guidance issued by the Secretary of State concerning—

(a)persons or bodies to be regarded for the purposes of this section as representative of persons subject to non-domestic rates under sections 43 and 45 above as regards hereditaments situated in the authority’s area, and

(b)the timing and manner of consultations under this section.

(6)An authority shall make available to persons or bodies it proposes to consult under this section such information as may be prescribed by regulations made by the Secretary of State and is in its possession or control; and it shall do so in such form and manner, and at such time, as the regulations may prescribe.

135Social security

Schedule 10 below (which amends the [1986 c. 50.] Social Security Act 1986 so as to make provision for benefits in respect of community charges in England and Wales and Scotland) shall have effect.

136Tribunals

Schedule 11 below (which contains provisions about the establishment of, and other matters relating to, valuation and community charge tribunals) shall have effect.

137Amendments

Schedule 12 below (which contains amendments) shall have effect.

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