The Local Government Reorganisation (Wales) (Council Tax Reduction Scheme) Regulations 1997

In these Regulations—

• “the Act” means the Local Government Finance Act 1992;

• “the 1994 Act” means the Local Government (Wales) Act 19942;

• “the Benefit Regulations” means the Council Tax Benefit (General) Regulations 19923;

• “billing authority” means a Welsh billing authority;

• “chargeable dwelling” means a chargeable dwelling in Wales;

• “county” means a county in Wales established under the 1994 Act;

• “county borough” means a county borough in Wales established under the 1994 Act;

• “the transferred parts of Ewenny” means those parts of the community of Ewenny in the county borough of The Vale of Glamorgan transferred to the communities of Bridgend and Coychurch Lower in the county borough of Bridgend by the Bridgend and The Vale of Glamorgan (Areas) Order 19964;

• “the transferred part of Llangan” means that part of the community of Llangan in the county borough of The Vale of Glamorgan transferred to the community of Coychurch Lower in the county borough of Bridgend by the Bridgend and The Vale of Glamorgan (Areas) Order 1996;

• “Llangollen” means the community of Llangollen in the county of Denbighshire; and

• “section 10”, “section 11” and “section 12” mean section 10 of the Act, section 11 of the Act and section 12 of the Act, respectively.

In these Regulations, in relation to an amount a person is liable to pay in respect of council tax—

• “the appropriate reduction” means the amount (if any) prescribed in the Schedule to these Regulations in relation to the relevant community area and the relevant valuation band;

• “the relevant community area” means the community area in which the relevant chargeable dwelling is situated; and

• “the relevant chargeable dwelling” means the chargeable dwelling in respect of which the person is liable to pay the amount.

In these Regulations, in relation to an amount a person is liable to pay in respect of council tax, any reference to the relevant valuation band is a reference to the valuation band shown as applicable to the relevant chargeable dwelling in the billing authority’s valuation list.

Any reference in these Regulations to a person who is liable to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax (whether his liability is sole, or joint and several), includes, unless the context otherwise requires, a reference to a person who in the opinion of the authority will be so liable; and references to the amount which a person is liable to pay shall be construed accordingly.

If the amount mentioned in sub-paragraph (1)(a) above is determined under section 10 read with section 11 or section 12, the deduction required by paragraph (1) above shall be made from the original amount.

In paragraph (2) above “the original amount” is the amount which would be determined under section 10 read without section 11 and section 12.

Where a billing authority makes a decision relating to the application or operation of these Regulations in relation to an individual, the authority shall, if requested in writing by the person so affected, provide him with a written statement of its decision and the reason for it; and any such statement shall be sent within 14 days from the date on which it is requested or as soon as is reasonably practicable thereafter.

No appeal may be made to a valuation tribunal in respect of any decision of a billing authority relating solely to the application or operation of these Regulations; but a person aggrieved by such a decision may appeal to a review board appointed by the billing authority and constituted as mentioned in regulation 70(3) of the Benefit Regulations.

Regulations 71(2) to (9) and 72(4) and (5) of the Benefit Regulations shall apply with the necessary modifications for the purposes of an appeal under these Regulations as they apply for the purposes of a further review.

A billing authority shall comply with any decision of its review board.