The Community Charges (Demand Notices) (Additional Provisions) (Wales) Regulations 1991

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Community Charges (DemandNotices) (Additional Provisions) (Wales) Regulations 1991 and shall comeinto force on 4th April 1991.

(2) In these Regulations—

“the 1990 Regulations” means the Community Charges and Non-Domestic Rating (DemandNotices) (Wales) Regulations 1990(1);

“1991 adjustment notice” means a notice (other than a notice which would require payment ofan amount of £0)—

(a)

which is given under regulation 26(2) of, or paragraph 7(2) ofSchedule 1 or paragraph 4(2) of Schedule 2 to, the Community Charges(Administration and Enforcement) Regulations 1989(2) by a charging authority to a person in respect of hisliability to pay an amount under a community charge demand notice; and

(b)

which is so given either—

(i)

solely in consequence of the substitution for the amount set by theauthority for its personal community charges for the whole or any partof its area of an amount which has been reduced by virtue of theCommunity Charges (General Reduction) Act 1991; or

(ii)

solely in consequence of that substitution and an alteration of theapplicable relief;

and a notice is given solely in consequence of the matters referredto in sub-paragraph (b) notwithstanding that a consequential adjustmentfalls to be made to the benefit or excess benefit;

“1991 personal community charge demand notice” means a community charge demand notice requiring the payment of anamount in respect of a charging authority’s personal community charge asit has effect for the chargeable financial year beginning on 1st April1991;

“1991 standard community charge demand notice” means a community charge demand notice requiring the payment of anamount in respect of a charging authority’s standard community charge asit has effect for the chargeable financial year beginning on 1st April1991;

“1991 collective community charge demand notice” means a community charge demand notice requiring the payment of anamount in respect of a charging authority’s collective community chargeas it has effect for the chargeable financial year beginning on 1stApril 1991;

“applicable relief”, in relation to a 1991 adjustment notice, means, where regulationsunder section 13A of the Local Government Finance Act 1988 apply toreduce the amount a chargeable person is liable to pay in respect of thepersonal community charge to which the notice relates, the amount ofthat reduction;

“benefit”, in relation to a 1991 adjustment notice, means the amount of anyreduction in the amount demanded under the notice which is attributableto a reduction, or assumed or expected reduction, in the amount a personis liable to pay in respect of the community charge concerned as it haseffect for the chargeable financial year beginning on 1st April 1991, inconsequence of any provision included in regulations under section31A(1) of the Social Security Act 1986(3);

“excess benefit”, in relation to a 1991 adjustment notice, means the amount of anyaddition to the amount demanded under the notice which is attributableto excess community charge benefit which is being recovered in themanner described in section 31D(3)(b) of the Social Security Act 1986;

(3) In these Regulations, any reference to a numbered form is areference to the form bearing that number, prescribed in Schedule 1 tothe 1990 Regulations.

(4) Except as otherwise provided, expressions used in these Regulationswhich are also used in the 1990 Regulations have the same meaning as inthose Regulations.

(1)

S.I. 1990/293, amended by S.I. 1991/118 and 434.

(2)

S.I. 1989/438; relevant amendments were made by S.I.1989/2274, 1990/402 and 711 and 1991/140.

(3)

1986 c. 50; sections 31A and 31D were inserted by theLocal Government Finance Act 1988 (c. 41), Schedule 10, paragraph 6.