Statutory Instruments
COMMUNITY CHARGES, ENGLAND AND WALES
Made
28th March 1991
Laid before Parliament
28th March 1991
Coming into force
29th March 1991
The Secretary of State, in exercise of the powers conferred on himby section 143(1) and (2) and paragraphs 1, 2(2)(f), (k), (la) and (o),3 and 21(a) of Schedule 2 to the Local Government Finance Act 1988(1), and section 1(6) of the Community Charges (GeneralReduction) Act 1991(2) and of all other powers enabling him in that behalf,hereby makes the following Regulations:
1. These Regulations may be cited as the Community Charges(Miscellaneous Provisions) Regulations 1991 and shall come into force on29th March 1991.
2. The Community Charges (Administration and Enforcement) Regulations1989(3) are amended—
(a)in regulation 14(1), by inserting at the end the words“unless the amount which would be demanded would be £0”;
(b)in regulation 19(2), by inserting at the end the words“and unless, in respect of a community charge as it has effect for thefinancial year beginning on 1st April 1991, it is expressed to takeaccount of the provisions of the Community Charges (General Reduction)Act 1991”;
(c)in regulation 22(6), by substituting for the words“has effect shall” the words“has effect shall, subject to the provisions of section 1(5) of theCommunity Charges (General Reduction) Act 1991,”;
(d)in paragraph 7(1) of Part II of Schedule 1, by inserting aftersub-paragraph (h), the following sub-paragraph—
“(i)the notice was so served on the understanding or assumption that, asregards any day in the period to which the notice relates, the person isor will be liable to pay an amount in respect of a personal communitycharge (as it has effect for the relevant year) and he is, by virtue ofregulations made under section 13A of the Act, liable to pay a greateror lesser amount than the amount stated in the notice”(4);
(e)in paragraph 7(5) of Part II of Schedule 1, by inserting after thewords“on or after that day” the words“disregarding for this purpose section 1(5) of the Community Charges(General Reduction) Act 1991”;
(f)in paragraph 7(5A)(a) of Part II of Schedule 1, by inserting afterthe words“there shall” the words“notwithstanding section 1(5) of the Community Charges (GeneralReduction) Act 1991” and by inserting after the words“such instalments which” the words“has been treated as paid to the authority under section 36(1) of theAct or”; and
(g)in paragraph 7(7) of Part II of Schedule 1, in the definition of“the relevant day”, by substituting for the words“sub-paragraph (1)(a), (b), (e) or (f)” the words“sub-paragraph (1)(a), (b), (e), (f) or (i)”.
3. The Community Charges (Co-owners) Regulations 1990(5) are amended by inserting in regulation 3(1)(b), at thebeginning, the words“subject to the provisions of section 1(5) of the Community Charges(General Reduction) Act 1991”.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
28th March 1991
(This note is not part of the Regulations)
Regulations 2 and 3 of these Regulations amend the Community Charges(Administration and Enforcement) Regulations 1989 and the CommunityCharges (Co- owners) Regulations 1990.
The amendments, which take account of section 1(5) of the CommunityCharges (General Reduction) Act 1991, —
(i)remove the need for a demand notice where the amount of the chargeis £0 (regulation 2(a));
(ii)require notices requiring payment in respect of a community chargefor the financial year beginning in 1991 to be expressed to take accountof the provisions of the Act (regulation 2(b));
(iii)remove inconsistencies between provisions of the amended Regulationsand section 1(5) of the Act with respect to service of notices onmanagers and co-owners (regulations 2(c) and 3);
(iv)require a notice to be served adjusting instalments payable under ademand notice where the amount to which the chargepayer is liable isrevised by reference to the Personal Community Charge (Reductions)(England) Regulations 1991 (S.I. 1991/230) (regulation 2(d) and (g));and
(v)modify the provisions of the 1989 Regulations which relate topayment by instalments (regulation 2 (e) and (f)).
1988 c. 41. Paragraph 2(2)(1a) of Schedule 2 was insertedby the Local Government and Housing Act 1989 (c. 42), Schedule 5,paragraph 11(2), and paragraph 21(a) was inserted by S.I. 1989/438,regulation 60, as amended by S.I. 1989/2274, regulation 8.
S.I. 1989/438. Paragraph 7(1)(h) in Part II of Schedule1 was added by S.I. 1990/402, and amended by S.I. 1991/ 352; paragraph7(5A) in Part II of Schedule 1 was inserted by S.I. 1990/1426.
Section 13A was inserted by the Local Government andHousing Act 1989, Schedule 5, paragraph 5.
S.I. 1990/146, to which there are amendments notrelevant to these Regulations.