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The Council Tax (Administration and Enforcement) Regulations 1992

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PART IIInformation: General

Information from residents, etc.

3.—(1) A person who appears to a billing authority to be a resident, owner or managing agent of a particular dwelling shall supply to the authority such information as fulfils the following conditions—

(a)it is in the possession or control of the person concerned;

(b)the authority requests (by notice given in writing) the person concerned to supply it; and

(c)it is requested by the authority for the purposes of identifying the person who, in respect of any period specified in the notice, is the liable person in relation to the dwelling.

(2) A person on whom such a notice as is mentioned in paragraph (1) is served shall supply the information so requested—

(a)within the period of 21 days beginning on the day on which the notice was served; and

(b)if the authority so requires, in the form specified in the request.

(3) In paragraph (1)—

(a)“managing agent” means any person authorised to arrange lettings of the dwelling concerned; and

(b)the reference to the liable person is a reference to a person who is liable (whether solely or jointly and severally) to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax; and includes a reference to a person who in the opinion of the authority will be so liable

Information from public bodies

4.—(1) A billing authority may, for the purpose of carrying out its functions under Part I of the Act, request (by notice given in writing) a person mentioned in paragraph (3) to supply to it such information as is specified in the notice and does not fall within paragraph (2).

(2) Information falls within this paragraph if—

(a)the information was obtained by the person concerned, or by a committee of such a person—

(i)in its capacity as police authority, or

(ii)in its capacity as a constituent council of such an authority,

(b)the information was obtained by the person concerned in its capacity as an employer, or

(c)the information consists of anything other than the name, address and any past or present place of residence of any person and the dates during which he is known or thought to have resided at that place.

(3) The persons referred to in paragraph (1) are—

(a)any other billing authority,

(b)any precepting authority,

(c)any levying authority,

(d)the electoral registration officer for any area in Great Britain, and

(e)any community charges registration officer.

(4) Information requested under paragraph (1) shall be supplied by the person requested to supply it if it is in his possession or control, and it shall be so supplied within 21 days of the day on which the request is made.

(5) A billing authority may (so far as it does not have the power to do so apart from under this Part) supply relevant information to another billing authority or to a levying authority even if it is not requested to supply the information.

(6) Information is relevant information for the purposes of paragraph (5) if—

(a)it was obtained by the first-mentioned authority in exercising its functions under Part I of the Act, and

(b)it believes it would be useful to the other authority in exercising its functions under that Part or, in the case of a levying authority, Part II of the Act.

(7) The reference to a community charges registration officer in sub-paragraph (e) of paragraph (3) shall be construed—

(a)in relation to such officers in England or Wales, in accordance with section 26 of the Local Government Finance Act 1988(1); and

(b)in relation to such officers in Scotland, in accordance with section 12 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987(2).

Information as to deaths

5.—(1) Within 7 days of the registration of the death of any person aged 18 or over, the registrar of births and deaths for the sub-district in which the death occurred shall, in accordance with paragraph (2), supply to any billing authority whose area includes all or part of, or falls within, that sub-district, the following particulars of the death—

(a)the name and surname of the deceased,

(b)the date of his death, and

(c)his usual address.

(2) The registrar shall supply the particulars specified in paragraph (1) either in writing or in a form in which they can be processed by a computer.

Use of information by billing authority

6.  In carrying out its functions under Part I of the Act, a billing authority may use information obtained under any other enactment provided that it was not obtained—

(a)by a committee of the authority in its capacity as a police authority; or

(b)by the authority in its capacity as a constituent council of a police authority.

(1)

1988 c. 41; section 26 is amended by paragraph 7 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42).

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