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Local Government and Housing Act 1989

Status:

This is the original version (as it was originally enacted).

11(1)Schedule 2 (administration) shall be amended as follows.

(2)The following paragraphs shall be substituted for paragraph 2(2)(l)—

(l)that a notice must be in a prescribed form,

(la)that a notice must contain prescribed matters,

(lb)that a notice must not contain other prescribed matters,

(lc)that where a notice is invalid because it does not comply with regulations under paragraph (l) or (la) above, and the circumstances are such as may be prescribed, a requirement contained in the notice by virtue of regulations under paragraph (f) or (k) above shall nevertheless have effect as if the notice were valid,

(ld)that where a notice is invalid because it does not comply with regulations under paragraph (l) above, and a requirement has effect by virtue of regulations under paragraph (lc) above, the authority must take prescribed steps to issue to the chargeable person a document in the form which the notice would have taken had it complied with regulations under paragraph (l) above,

(le)that where a notice is invalid because it does not comply with regulations under paragraph (la) above, and a requirement has effect by virtue of regulations under paragraph (lc) above, the authority must take prescribed steps to inform the chargeable person of such of the matters prescribed under paragraph (la) above as were not contained in the notice,.

(3)In paragraph 2(2)(m) the words from “and” to the end shall be omitted.

(4)For paragraph 5 (discounts) there shall be substituted the following paragraphs—

5(1)Regulations under this Schedule may include provision empowering an authority, subject to such conditions as may be prescribed, to accept, in such cases as the authority may determine and in satisfaction of a person’s sole liability to pay an amount (the chargeable amount) in respect of the authority’s community charge as it has effect for a chargeable financial year or any shorter period, an amount which—

(a)is determined by the authority; and

(b)is payable in a single lump sum; and

(c)is less than the authority’s estimate of the chargeable amount.

(2)The regulations may include provision empowering or requiring the authority to make such adjustments (whether by way of an additional sum due to the authority or by way of repayment or credit by the authority or otherwise) as may be prescribed where the chargeable amount is subsequently estimated to be or proves to be greater or less than the amount originally (or last) estimated.

(3)The regulations may include, as regards a case where persons are jointly and severally liable to pay the chargeable amount, provision equivalent to that included under sub-paragraphs (1) and (2) above subject to any modifications the Secretary of State sees fit.

(4)The regulations may include provision that, in a case where an authority have made provision by virtue of any of sub-paragraphs (1) to (3) above, any provision which is included in regulations under this Schedule by virtue of paragraph 2 or 3 above and is prescribed under this sub-paragraph shall not apply.

5A(1)Regulations under this Schedule may include provision that where—

(a)a person has sole liability to pay a sum on account in respect of an authority’s community charge,

(b)a sum smaller than that sum is paid, and

(c)such conditions as may be prescribed are fulfilled,

the authority may accept the smaller sum in satisfaction of the liability to pay the sum on account.

(2)The regulations may include provision that—

(a)for prescribed purposes the sum on account shall be treated as having been paid in full;

(b)for other prescribed purposes the fact that only the smaller sum has been paid shall be taken into account.

(3)The regulations may include, as regards a case where persons are jointly and severally liable to pay a sum on account in respect of an authority’s community charge, provision equivalent to that included under sub-paragraphs (1) and (2) above subject to any modifications the Secretary of State sees fit.

(5)In paragraph 9 (information) in sub-paragraph (1) for “is mentioned in sub-paragraph (2)” there shall be substituted “falls within sub-paragraph (2) or (2A)”.

(6)In paragraph 9, in sub-paragraph (2) after “The information” there shall be inserted “falling within this sub-paragraph”.

(7)In paragraph 9, the following sub-paragraph shall be inserted after sub-paragraph (2)—

(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.

(8)The following paragraph shall be inserted after paragraph 9—

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.

(9)Paragraph 12 (information) shall be omitted.

(10)The following paragraph shall be inserted after paragraph 13—

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.

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