Local Government Finance Act 1988

Information E+W

6 (1) Regulations under this Schedule may include provision that any person mentioned in sub-paragraph (2) below shall supply to a registration officer for a 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 this Part, and

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

(2) The persons are—

(a) the registration officer for any other charging authority,

(b) the charging authority for which the officer making the request is the registration officer,

(c) any other charging authority,

(d) any precepting authority, and

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

(3) The regulations may include provision that the information is to be supplied in a prescribed form and within a prescribed period of the request being made.

7 (1) Regulations under this Schedule may include provision that any person falling within sub-paragraph (2) below shall supply to a registration officer for a 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, and

(c) it is requested by the registration officer for the purpose of carrying out his functions under this Part.

(2) A person falls within this sub-paragraph if he is a person the officer making the request reasonably believes is, has been, or is about to become, subject to a community charge of the authority for which the officer is the registration officer.

(3) The regulations may include provision that the information is to be supplied in a prescribed form and within a prescribed period of the request being made.

8 (1) Regulations under this Schedule may include provision that as regards any relevant property one or more individuals (to be called responsible individuals) may be designated by a registration officer for a charging authority, or otherwise identified, in accordance with prescribed rules.

(2) The regulations may include provision that a responsible individual shall supply to a registration officer for a charging authority such information as fulfils the following conditions—

(a) it is in the possession or control of the responsible individual,

(b) the registration officer requests the responsible individual to supply it, and

(c) it is requested by the registration officer with the object of enabling him to form a view whether the responsible individual or any other person is, has been, or is about to become, subject to a community charge of the authority by virtue of the relevant property.

(3) The regulations may include provision that the information is to be supplied in a prescribed form and within a prescribed period of the request being made.

(4) The regulations may include provision allowing or requiring a registration officer for a charging authority to revoke a designation of an individual as a responsible individual.

(5) References to relevant property are to a building, a part of a building, a caravan or a houseboat.

9 (1) Regulations under this Schedule may include provision that a certification officer shall supply to a registration officer for a charging authority such information as [F1 falls within sub-paragraph (2) or (2A)] below and fulfils the following conditions—

(a) it is in the possession or control of the certification officer,

(b) the registration officer requests the certification officer to supply it, and

(c) it is requested by the registration officer for the purpose of carrying out his functions under this Part.

(2) The information [F2 falling within this sub-paragraph] is—

(a) the name of each person who (on the day the request is made) is undertaking a full-time course of education at the educational establishment of the certification officer and has his sole or main residence in the area of the charging authority, and

(b) the address of the sole or main residence of each such person.

[F3 (2A) The information falling within this sub-paragraph is information whether, on any day specified in the request, any person so specified is undertaking a qualifying course of education.]

(3) The regulations may include provision that the information is to be supplied in a prescribed form and within a prescribed period of the request being made.

(4) A certification officer is an individual who is a certification officer by virtue of regulations under section 30 above.

(5) The educational establishment of a certification officer is the educational establishment as regards which he is the certification officer.

Textual Amendments

F1 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 11(5)

F2 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 11(6)

F3 Sch. 2 para. 9(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 11(7)

[F4 9A (1) Regulations under this Schedule may include provision that—

(a) a registrar of births and deaths shall supply to the registration officer for any appropriate charging authority which is prescribed such particulars of such deaths as may be prescribed;

(b) the Registrar General for England and Wales shall supply to the registration officer for any charging authority which is prescribed such particulars of such deaths as may be prescribed.

(2) The regulations may include provision as to the times at which and the manner in which the particulars are to be supplied.

(3) In relation to a registrar of births and deaths, an appropriate charging authority is a charging authority whose area includes all or part of, or falls within, the registrar’s sub-district.]

Textual Amendments

F4 Sch. 2 para. 9A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 11(8)

10 (1) Regulations under this Schedule may include provision that a person who has reason to believe he is or has been subject at any time on or after 1 December 1989 to a community charge of a charging authority shall inform the registration officer accordingly.

(2) The regulations may include provision that where a person is shown in a charging authority’s register as subject to a community charge of the authority, and he has reason to believe that the item concerned contains an error or is not complete or up-to-date, he shall inform the registration officer accordingly.

(3) The regulations may include provision that the information is to be supplied in a prescribed form and within a prescribed period of the person having reason to believe as mentioned in sub-paragraph (1) or (2) above.

11 (1) Regulations under this Schedule may include provision that—

(a) where a person becomes or ceases to be subject to a charging authority’s community charge, and the registration officer makes an entry in the register accordingly, as soon as is reasonably practicable after doing so he shall send the prescribed person a copy of the item contained in the register in relation to the charge,

(b) where the registration officer amends an item contained in the register in order to correct an error or render the item more complete or up-to-date, as soon as is reasonably practicable after doing so he shall send the person shown in the register as subject to the charge concerned a copy of the amended item, and

(c) any copy sent in accordance with the regulations must be accompanied by prescribed information.

(2) Regulations under sub-paragraph (1)(a) above may prescribe the person who has become or ceased to be subject to the charge concerned or any other person.

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

12

Textual Amendments

F5 Sch. 2 para. 12 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 139, 194(4), Sch. 5 para. 11(9), Sch. 12 Pt. II Note 4

13 (1) Regulations under this Schedule may include provision that (so far as he does not have power to do so apart from the regulations) a registration officer for a charging authority may supply relevant information to a registration officer for another charging authority, even if he is not requested to supply the information.

(2) Information is relevant information if—

(a) it was obtained by the first-mentioned officer in exercising his functions under this Part,

(b) he believes it would be useful to the other officer in exercising his functions under this Part, and

(c) it does not fall within any prescribed description of information which is not to be supplied.

[F6 13A (1) Regulations under this Schedule may include provision that a registration officer for a charging authority—

(a) may supply relevant information to any person who requests it for a purpose not relating to this Part;

(b) may charge a prescribed fee for supplying the information;

(c) shall account for and pay any such fee to the charging authority for which he is the registration officer.

(2) Information is relevant information if—

(a) it was obtained by the officer for the purpose of carrying out his functions under this Part, and

(b) it is not personal information.

(3) Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied to any person by the registration officer; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual.]

Textual Amendments

F6 Sch. 2 para. 13A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 11(10)

14 (1) Regulations under this Schedule may include provision that no duty of confidentiality shall prevent the Secretary of State from disclosing relevant information to a registration officer for a charging authority.

(2) Information is relevant information if—

(a) it was obtained by the Secretary of State in exercising his functions under the M1 Social Security Act 1986,

(b) the Secretary of State believes it would be useful to the registration officer in exercising his functions under this Part, and

(c) it falls within a prescribed description.

Marginal Citations

M1 1986 c. 50.

15 Regulations under this Schedule may include provision that, in carrying out its functions under this Part, a charging authority may use information which—

(a) is obtained under any other enactment, and

(b) does not fall within any prescribed description of information which cannot be used.