The Council Tax (Administration and Enforcement) (Amendment) (Wales) Regulations 2014

PART 1 General

Title, commencement and application

1.—(1) The title of these Regulations is the Council Tax (Administration and Enforcement) (Amendment) (Wales) Regulations 2014.

(2) These Regulations come into force on 14 February 2014 and apply in relation to Wales.

PART 2 Amendments

Amendment of Regulations

2.  The Council Tax (Administration and Enforcement) Regulations 1992(1) are amended in accordance with regulations 3 to 9.

3.  In regulation 1(2) (citation, commencement and interpretation)—

(a) in sub-paragraph (a) of the definition of “discount” for “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012”(2) substitute “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013”(3);

(b) in sub-paragraph (a) of the definition of “exempt dwelling” for “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012” substitute “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013”.

4.  In paragraph (3) of regulation 9 (assumptions as to dwellings)—

(a) for sub-paragraph (a) substitute—

“(a) paragraph 116(2)(c) of the scheme prescribed in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013”(4);

(b) for sub-paragraph (b) substitute—

“(b) a provision contained in an authority’s scheme by virtue of regulation 34(3) of, and paragraph 10(2)(c) of Schedule 13 to, the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013,”.

5.  In regulation 10 (notification of assumption)—

(a) in paragraph (6A), in the first place in which it appears, for “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012” substitute “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013”;

(b) in paragraph (6A) for sub-paragraph (b)(i) substitute—

“(i) informing the person affected of the duty imposed by paragraph 113(1) of the scheme prescribed by the Schedule to the Council Tax Reductions Schemes (Default Scheme) (Wales) Regulations 2013 or contained in the authority’s scheme by virtue of paragraph 7(1) of Schedule 13 to the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013, as the case may be;”

6.  In paragraph (1A) of regulation 11 (correction of assumptions) for “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012” substitute “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013”.

7.  In paragraph (3) of regulation 15 (assumptions as to discount)—

(a) for sub-paragraph (a) substitute—

“(a) paragraph 116(2)(c) of the scheme prescribed in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013”;

(b) For sub-paragraph (b) substitute—

“(b) a provision contained in the authority’s scheme by virtue of regulation 34(3) of, and paragraph 10(2)(c) of Schedule 13 to, the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013,”.

8.  In paragraph (1A) of regulation 16 (correction of discount assumptions) for “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012” substitute “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013”.

9.  In paragraph (2A) of regulation 20 (demand notices: payments required)—

(a) for sub-paragraph (a) substitute—

“(a) paragraph 116(2)(c) of the scheme prescribed in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulation 2013;”;

(b) for sub-paragraph (b) substitute—

“(b) a provision contained in an authority’s scheme by virtue of regulation 34(3) of, and paragraph 10(2)(c) of Schedule 13 to, the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013,”.

PART 3 Savings

Interpretation

10.  In this Part of the Regulations—

“1992 Regulations” (“Rheoliadau 1992”) means the Council Tax (Administration and Enforcement) Regulations 1992;

“2012 Regulations” (“Rheoliadau 2012”) means the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012;

“2013 scheme” (“cynllun 2013”) means a scheme made by a billing authority in accordance with the 2012 Regulations or which applies in default on 1 April 2013 in accordance with paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992.

Saving Provision

11.  The amendments made to the 1992 Regulations by regulations 3 to 9 do not have effect in relation to any applications made or reductions awarded in accordance with the provisions of a 2013 scheme.

Lesley Griffiths

Minister for Local Government and Government Business, one of the Welsh Ministers

22 January 2014