The Community Charges (Registration) (Scotland) Regulations 1988

Citation and commencement

1.  These Regulations may be cited as the Community Charges (Registration) (Scotland) Regulations 1988 and shall come into force on 26th February 1988.

Interpretation

2.  In these Regulations—

“the Act” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

“person undertaking a full-time course of education” has the same meaning as under section 8(6) of the Act;

“responsible person” has the same meaning as in section 17 of the Act;

“voluntary organisation” means a body the activities of which are carried on otherwise than for profit;

and, subject to regulation 3 of these Regulations, any reference to a section of the Act includes a reference to that section as read with paragraph 11 of Schedule 5 to the Act.

Application of Part II of the Act to community water charges

3.  In its effect in relation to community water charges by virtue of paragraph 11 of Schedule 5 to the Act (application of the provisions of Part II of the Act in relation to the community water charges as they have effect in relation to the corresponding community charges), section 13 of the Act shall have effect subject to the following adaptations and exceptions—

(a) there shall not be a separate register in respect of community water charges;

(b) subsection (1)(a) to (c) shall not apply; and

(c) there shall be specified in the register the matters relating to community water charges specified in regulation 4(a)(iv) and (v) of these Regulations.

Additional matters to be specified in the register

4.  The register for each registration area shall, in addition to the matters specified in paragraphs (a) to (e) of section 13(1) of the Act, specify—

(a) in relation to each entry in the register—

(i) the particular community charge to which the entry relates;

(ii) the date on which the entry is made or, where the entry is amended, the date on which the last amendment is made;

(iii) where the entry is amended, other than by deleting the whole entry, the date on which the last amendment takes effect;

(iv) whether the person registered in it as being liable to pay any of the community charges is also liable to pay the corresponding community water charge (that is, the personal community water charge, the standard community water charge or the collective community water charge); and

(v) if the person registered in it is liable to pay the corresponding community water charge as mentioned in head (iv) above, the date (which may be before, on or after the date on which the entry is made) from which he is liable to pay that corresponding community water charge;

(b) in relation to an entry in the register relating to the personal community charge, whether the person registered in the register as liable to pay that charge is a person undertaking a full-time course of education; and

(c) in relation to an entry in the register relating to the standard community charge or, as the case may be, the collective community charge, whether the person registered in the register as liable to pay such a charge is so liable by virtue of paragraph (a), (b) or (c) of section 10(4) or, as the case may be, 11(5) of the Act.

Form of register

5.—(1) The register (whether it is kept in documentary form or otherwise) shall be kept in such a form—

(a) that each entry in it shows, or

(b) if the register is kept otherwise than in documentary form, that each entry in it, when displayed or printed, shows,

under or by reference to each heading listed in column 1 of the following Table (although not necessarily in the order set out in the Table), the matters required to be specified in the register by virtue of the provision of section 13(1) of the Act or of regulation 4 of these Regulations referred to in column 2 of that Table opposite to that heading:

TABLE

Column 1	Column 2
Community charge	Regulation 4(a)(i) (the community charge to which the entry relates).
Name and address	Section 13(1)(a)(i), (b)(i) and (c)(i) (the name of the person liable to pay the community charge to which the entry relates and, except in the case of an entry relating to the personal community charge, his address).
Premises	Section 13(1)(a)(ii), (b)(ii) and (c)(ii) (in the case of an entry relating to a person liable to pay the personal community charge, the address of his sole or main residence and, in any other case, the address of the premises to which the entry relates).
Date of birth	Section 13(1)(d) (date of birth of a natural person who is registered in the register).
Student	Regulation 4(b) (whether the person registered in the register as liable to pay the personal community charge is a person undertaking a full-time course of education).
Community water charge	Regulation 4(a)(iv) (whether the person registered as liable to pay the community charge to which the entry relates is also liable to pay the corresponding community water charge).
Connection with premises	Regulation 4(c) (in the case of an entry relating to a person registered as liable to pay the standard community charge or the collective community charge, whether he is so liable by virtue of paragraph (a), (b) or (c) of section 10(4) or 11(5) of the Act).
Collective community charge multiplier	Section 13(1)(c)(iii) (in the case of an entry relating to the collective community charge, the collective community charge multiplier).
Date of liability	Section 13(1)(e) and regulation 4(a)(v) (the date or dates from which the person registered as liable to pay the community charge or the corresponding community water charge is so liable).
Date of making	Regulation 4(a)(ii) (the date on which the entry is made or on which the last amendment thereto is made).
Date of amendment coming into effect	Regulation 4(a)(iii) (date on which last amendment to the entry takes effect).

(2) Where the registration area is the area of a regional council, there shall be a separate part in the register in respect of each district within that area.

Setting up of register

6.—(1) The date as from which the registration officer is to undertake the inquiries mentioned in section 14(1) of the Act (setting up of register) is prescribed—

(a) for the purposes of section 17(2) to (4) of the Act, as the date of coming into force of these Regulations; and

(b) for all other purposes, as 1st April 1988.

(2) The date of coming into force of the register is prescribed as 1st October 1988.

Notification of entry in register after coming into force

7.  For the purposes of section 14(2) of the Act (period within which and manner in which the registration officer is to send a copy of an entry in the register to the person to whom the entry relates)—

(a) a period of 42 days beginning on 1st October 1988 is prescribed; and

(b) a copy of each entry in the register relating to a person who is registered in the register as liable to pay a community charge shall be sent by post, or delivered by hand, to him together with a notice in the form set out in Schedule 1 to these Regulations or in a form substantially to the like effect.

Amendment to register

8.  For the purposes of section 15(5) of the Act (period within which and manner in which the registration officer is to send to the person who is or was registered in the register a copy of the amendment or notification relating to him)—

(a) a period of 28 days, beginning on the day on which the amendment to the register is made, is prescribed; and

(b) a copy of the amendment or notification relating to the person who is or was registered in the register as being liable to pay any of the community charges shall be sent by post, or delivered by hand, to him together with a notice in the form set out in Schedule 2 to these Regulations or in a form substantially to the like effect.

Appeal relating to registration or to designation as a responsible person

9.—(1) An appeal by a person (in this regulation referred to as “the appellant”) under—

(a) section 16(1)(a) of the Act against any entry in, or amendment to, the register in respect of his liability to pay any of the community charges or community water charges;

(b) section 17(9)(a) of the Act against designation as the responsible person in relation to any premises,

shall be made to, and determined by, the registration officer in accordance with the following provisions of this regulation.

(2) The appeal shall be made in writing and shall—

(a) state the name and address of the appellant;

(b) specify the entry in, or amendment to, the register against which the appeal is made or, as the case may be, the address of the premises in relation to which the appellant has been designated as the responsible person;

(c) set out all the reasons for the appeal along with any evidence in support thereof;

(d) state the date on which the appeal is made; and

(e) be signed by the appellant or his agent, who shall state his name and address.

(3) The appeal shall be lodged with the registration officer within a period of 28 days beginning on the day after the day on which the registration officer sends or delivers by hand to the appellant—

(a) under section 14(2) of the Act, a copy of the entry in the register against which the appeal is made;

(b) under section 15(5) of the Act, a copy of the amendment to the register against which the appeal is made; or

(c) under section 17(9) of the Act, notification that he has designated him to be the responsible person in relation to the premises.

(4) The appellant shall, at the same time as he makes an appeal, notify the registration officer in writing of the name and address of any person appearing to the appellant to have an interest in the appeal.

(5) The registration officer may, without a hearing, determine the appeal in favour of the appellant and, where he does so, he shall notify the appellant in writing of his determination; but, where he does not so determine the appeal, the following paragraphs shall apply.

(6) Unless the appellant withdraws his appeal under paragraph (9) below, the registration officer shall send to—

(a) any person whom the appellant has notified to the registration officer under paragraph (4) above; and

(b) any other person who appears to the registration officer to have an interest in the appeal,

a copy of the appeal together with a notice of the effect of paragraphs (7) to (14) below and, in the case of any person falling within subparagraph (b) above, shall inform the appellant of the name and address of that person.

(7) Any person, who has been sent a copy of the appeal under paragraph (6) above, may lodge with the registration officer written representations with respect to the appeal within a period of 14 days beginning on the day after the day on which the registration officer sends him the copy of the appeal, and that person shall at the same time send a copy of those representations to the appellant; and any person who has so lodged such written representations is referred to in this regulation as an “interested party”.

(8) Unless the appellant withdraws his appeal under paragraph (9) below, the registration officer shall afford the appellant and every interested party an opportunity of appearing and being heard at a hearing held by him and shall give them not less than 14 days' notice in writing of the date, time and place fixed by the registration officer for the hearing of the appeal.

(9) The appellant may withdraw his appeal at any time prior to the date fixed for the hearing of the appeal by informing the registration officer in writing to that effect and, where he does so withdraw his appeal, the registration officer shall inform every interested party accordingly.

(10) The appellant and every interested party may appear and be heard at the hearing in person or may be represented by any other person.

(11) The hearing shall take place in private.

(12) The procedure at the hearing shall be such as the registration officer may decide.

(13) If neither the appellant nor any interested party appear or are represented at the hearing, the registration officer may proceed to determine the appeal.

(14) In determining the appeal, the registration officer shall take into consideration what is stated at the hearing (if any), any written material lodged under paragraph (2)(c) above and any written representations lodged under paragraph (7) above.

(15) The registration officer shall determine an appeal which is lodged with him—

(a) on or before 31st December 1988, within the period of 3 months beginning on the day on which the appeal is so lodged;

(b) after that date, within the period of 2 months beginning on the day on which the appeal is so lodged,

and shall immediately thereafter notify the appellant and every interested party in writing of his determination and of his reasons therefor.

(16) In this regulation any reference to the sending or delivery by hand of a copy of an amendment to the register includes a reference to the notification of a deletion or substitution of the whole or part of an existing entry in the register.

Period for notification of determination of request to amend register

10.  The period prescribed for the purposes of section 16(2)(b) of the Act (deemed refusal by registration officer of request to make or amend an entry in the register) is—

(a) in relation to any request which is received by the registration officer on or before 31st December 1988, 3 months beginning on the day on which he receives the request; and

(b) in relation to any request which is received by him after that date, 2 months beginning on the day on which he receives the request.

Information not to be required to be supplied to registration officer

11.  The information which a local authority, housing body or other registration officer is not to be required under section 17(3) of the Act to supply to a registration officer is—

(a) information held for the purposes of, or in connection with, the functions of a local authority under the Social Work (Scotland) Act 1968,(1) other than information as to the names and addresses of persons or addresses of premises; and

(b) information relating to employees, former employees or applicants to become employees of the local authority or housing body, being information held for the purposes of such employment or prospective employment.

Information from responsible person

12.—(1) For the purposes of section 17(5) of the Act, at any time during the year beginning on 1st April 1988 and during each year thereafter, the registration officer shall send—

(a) an inquiry form to any responsible person in respect of any premises in his registration area;

(b) when he considers that he requires information from any responsible person additional to that given to him in an inquiry form, a supplementary inquiry form to that person; and

(c) when he considers that the information given to him in pursuance of an inquiry form or supplementary inquiry form may be out of date, a further inquiry form to any responsible person.

(2) The information in respect of any premises which a responsible person can be required by a registration officer to give under section 17(5) of the Act shall be—

(a) information as to the matters set out in the inquiry form; and

(b) information which is supplemental, consequential or incidental thereto as set out in the supplementary inquiry form,

which shall be given by completing and returning the inquiry form or, as the case may be, the supplementary inquiry form to the registration officer within 21 days beginning on the day after the day on which the registration officer sends the inquiry form or, as the case may be, the supplementary inquiry form to the responsible person.

(3) For the purposes of this regulation—

(a) an inquiry form or supplementary inquiry form shall be in the form set out in Schedule 3 or, as the case may be, Schedule 4 to these Regulations or in a form substantially to the like effect, and

(b) an inquiry form or supplementary inquiry form shall be treated as being sent if it is sent by post or delivered by hand.

Period for supplying registration officer with information he requires

13.  The period prescribed for the purpose of section 18(1)(ii) of the Act (period within which registration officer is to be supplied with information he requires for preparing entries in the community charges register) is 21 days beginning on the day after the day on which the registration officer issues his requirement.

Interest on community charge for backdated period

14.  For the purposes of section 18(3)(a) of the Act (interest on outstanding community charges during backdated period), a rate of interest of 10% per annum is prescribed.

Premises whose collective community charge multiplier is not to be inspected by public

15.  For the purposes of section 20(2)(a)(iii) of the Act (class of premises whose collective community charge multiplier is not to be available for inspection by a member of the public), the class of premises is prescribed as premises managed by a voluntary organisation for the temporary accommodation of persons who have left their homes as a result of physical violence or mental cruelty or threats of such violence or cruelty from persons to whom they are married or with whom they are or were co-habiting.

Sale of public parts of register

16.  Copies of the record made under section 20(4) of the Act (record of parts of register which members of public may inspect) are to be made available for sale by the regional or islands council at the office of the registration officer—

(a) where the copy of the record is in documentary form, at a fee of £2.00 for every 1,000 entries (or part thereof) in the record;

(b) where the copy of the record is in non-documentary form, at a fee of £15.00 for every 1,000 entries (or part thereof) in the record.

Public inspection of record

17.—(1) A record is to be made under section 20(4) of the Act (record of parts of the register which members of the public may inspect) on 1st April and 1st October in each year.

(2) A copy of that record is to be available for inspection by the public in either documentary or non-documentary form—

(a) at the office of the registration officer;

(b) at the headquarters of the regional or islands council whose area is the registration area; and

(c) where the registration area is the area of a regional council, at the headquarters of each district council within that area,

on the dates and during the times when those offices are open for business.

Fees

18.  For the purposes of section 20(9) of the Act, the fee payable for—

(a) a copy of an entry in the register which a person is entitled to inspect by virtue of section 20(1) or (2) of the Act, is £1.00; and

(b) a certified copy (within the meaning of section 20(6) of the Act) of such an entry, is £3.00,

but no fee shall be payable by a local authority, assessor or electoral registration officer for such a copy or certified copy.

Copy registers held by the Keeper of the Records of Scotland

19.  For the purposes of section 20(11) of the Act (exceptions to prohibition against inspection of, or obtaining extracts of, copies of registers sent to the Keeper for preservation), the Keeper of the Records of Scotland may after 30 years from the end of the year in which a copy of a register was sent to him for preservation under section 20(10) of the Act—

(a) make such a register available for inspection, and

(b) under section 9 of the Public Records (Scotland) Act 1937,(2) issue extracts or certified copies of such a register.

Ian Lang

Minister of State, Scottish Office

New St Andrew’s House,

Edinburgh

4th February 1988