The Council Tax (Administration and Enforcement) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2004

Welsh Statutory Instruments

2004 No. 1013 (W.110)

COUNCIL TAX, WALES

RATING AND VALUATION, WALES

The Council Tax (Administration and Enforcement) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2004

Made

31st March 2004

Coming into force

1st April 2004

The National Assembly for Wales, in exercise of the powers conferred on it by section 113(1) and (2) of, and paragraphs 1 and 7 of Schedule 4 to, the Local Government Finance Act 1992(1), and section 143 of, and paragraphs 1 and 3 of Schedule 9 to, the Local Government Finance Act 1988(2), hereby makes the following Regulations:

Name, commencement and application

1.—(1) These Regulations are called the Council Tax (Administration and Enforcement) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2004 and shall come into force on 1st April 2004.

(2) These Regulations apply to billing authorities in Wales only.

Amendments

2.  The Council Tax (Administration and Enforcement) Regulations 1992 (“the 1992 Regulations”)(3) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (“the 1989 Regulations”)(4), are amended in accordance with regulation 3.

Charges connected with distress

3.  In Schedule 5 of the 1992 Regulations and in Schedule 3 of the 1989 Regulations:

(a) in column (2) of the Table to paragraph 1 —

(i) in relation to head A (visit where no levy is made), for “£20.00” substitute “£22.50”, and for “£15.00” substitute “£16.50”;

(ii) in relation to head E (possession of goods), for “£12.50” substitute “£14.00” and for “£10.00” substitute “£11.00”; and

(iii) in relation to head H (prior payment etc.), for “£20.00” substitute “£22.50”; and

(b) in subparagraph (1) of paragraph 2 (amounts in respect of levy) —

(i) in paragraph (a), for “£20” substitute “£22.50”; and

(ii) in paragraph (b), for “20 per cent” substitute “22.5 per cent”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)

D. Elis-Thomas

The Presiding Officer of the National Assembly

31st March 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Council Tax (Administration and Enforcement) Regulations 1992 (“the 1992 Regulations”) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (“the 1989 Regulations”) in relation to Wales.

Regulation 3 revises the levels of certain fees which may be charged in respect of distress. These increases are in line with inflation since 1998 when the fees were last increased.

(1)

1992 c. 14. These powers are devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the reference to the Local Government Finance Act 1992 in Schedule 1.

(2)

1988 c. 41. These powers are devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the reference to the Local Government Finance Act 1988 in Schedule 1.

(3)

S.I. 1992/613, relevant amending instruments are S.I. 1993/773, 1998/295.

(4)

S.I. 1989/1058, relevant amending instruments are S.I. 1990/145, 1992/474 and 1993/616.

(5)

1998 c. 38.