Local Government Finance Act 1988

19 Co-owners

(1) The Secretary of State may make regulations as regards any prescribed case where (apart from the regulations) co-owners would be subject to different standard or collective community charges by virtue of the same property.

(2) The regulations may contain—

(a) provision that as regards the period for which the co-ownership subsists there shall be one charge only, that the co-owners shall be jointly subject to it, and that the registration officer for the charging authority concerned shall enter an item in the register accordingly;

(b) provision that the amount payable in respect of the charge concerned as it has effect for a chargeable financial year shall be calculated in a prescribed manner, and that the co-owners shall be jointly and severally liable to pay the amount;

(c) provision that, notwithstanding that the co-owners are jointly and severally liable, section 16 or 17 above shall have effect to make a spouse or manager of any of the co-owners jointly and severally liable as well;

(d) where the charge concerned is collective, provision as to the person or persons to whom any amount payable under section 9 above is to be paid.

(3) The regulations may provide that there shall be different charges as regards each of the following—

(a) the period for which the co-ownership subsists (that is, for which the co-owners concerned are co-owners);

(b) any period for which one only of the co-owners has an interest in the building, part of a building or dwelling concerned, or is owner of the caravan concerned;

(c) any period for which there is a co-ownership as regards the property concerned but the participants of it do not correspond with those of the co-ownership mentioned in paragraph (a) above (whether because the number of members differs or because any of the personnel differs).

(4) The regulations may include provision conferring rights of recovery as between parties (whether co-owners, spouses or managers).

(5) Without prejudice to section 143(2) below, the regulations may include provision amending or adapting provisions of this Part; and in particular the regulations—

(a) may provide that section 11(4) above shall apply where different charges arise because of the operation of the regulations;

(b) may amend or adapt provisions of this Part which themselves confer power to make regulations (such as Schedules 2 and 4).

(6) References to co-owners include references to persons who together have an interest under a lease or underlease, and references to co-ownership shall be construed accordingly.