The Community Charges (Registration) (Scotland) (No.2) Amendment Regulations 1988

Statutory Instruments

1988 No. 1611 (S.156)

COMMUNITY CHARGES, SCOTLAND

WATER SUPPLY, SCOTLAND

The Community Charges (Registration) (Scotland) (No.2) Amendment Regulations 1988

Made

16th September 1988

Laid before Parliament

22nd September 1988

Coming into force

1st October 1988

The Secretary of State, in exercise of the powers conferred upon him by sections 15(4) and (5), 26(1) and 31(3) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987(1)and those sections as read with paragraph 11 of Schedule 5 to that Act(2) and with the Community Water Charges (Scotland) Regulations 1988(3) made thereunder, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Community Charges (Registration) (Scotland) (No.2) Amendment Regulations 1988 and shall come into force on 1st October 1988.

Interpretation

2.  In these Regulations—

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

  • “the principal Regulations” means the Community Charges (Registration) (Scotland) (No.2) Regulations 1988(4).

Amendment of the principal Regulations

3.—(1) The principal Regulations shall be amended as follows.

(2) In regulation 7(b) (record of entry before amendment), for the words “regulation 16” there shall be substituted the words “regulation 17” .

(3) In Schedule 3 (form of notice under section 15(5) of the Act of amendment of the register), for the last sentence in paragraph 4.2 of the Annex to the Notice set out in that Schedule (exclusion from public inspection of the register) there shall be substituted the following sentence:—

This applies to persons in respect of whom there is reasonable cause to believe that they are or may be subject to physical violence or threats of physical violence. .

Ian Lang

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

16th September 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations correct drafting errors in the Community Charges (Registration) (Scotland) (No.2) Regulations 1988 (“the 1988 Regulations”).

Firstly, in regulation 7(b), the reference to regulation 16 of the 1988 Regulations should be to regulation 17 of those Regulations. This error is corrected.

Secondly, there is a drafting error in the form of notice of amendment of the Community Charges Register set out in Schedule 3. These regulations substitute a new sentence in that form which reflects more accurately the provisions of regulation 18(1) of the 1988 Regulations. That regulation prescribes the class of person who may apply to a registration officer for a determination that the entry relating to him or her be a special entry and excluded from the parts of the register open to public inspection.

(1)

1987 c. 47; in section 15, subsection (4) was substituted by, and subsection (5) was amended by, the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 24(3) and (4); section 26(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

Paragraph 11 was amended by the Local Government Finance Act 1988, Schedule 12, paragraph 38.