The Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1999

Interpretation

2.  In these Regulations–

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

“the 1996 Regulations” means the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1996(1);

“the 1997 Regulations” means the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1997(2);

“the 1998 Regulations” means the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1998(3);

“the Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(4);

“1996 authority” means a relevant billing authority affected by a section 17 order in which the reorganisation date was 1st April 1996;

“1997 authority” means a relevant billing authority affected by a section 17 order in which the reorganisation date was 1st April 1997;

“1998 authority” means a relevant billing authority affected by a section 17 order in which the reorganisation date was 1st April 1998;

“council tax base”, in relation to the financial year beginning on 1st April 1999–

(a)

in the case of a billing authority, means the basic amount of its council tax as calculated in accordance with section 33 of the 1992 Act and regulations under that section; and

(b)

in the case of a major precepting authority, means the basic amount of its council tax as calculated in accordance with section 44 of that Act and regulations under that section;

“council tax figure”–

(a)

in relation to a 1996 authority, means the figure calculated in accordance with Schedule 1 to the 1996 Regulations;

(b)

in relation to a 1997 authority, means the figure calculated in accordance with Schedules 1 and 2 to the 1997 Regulations;

(c)

in relation to a 1998 authority, means the figure calculated in accordance with Schedules 1 and 2 to the 1998 Regulations;

“discounted chargeable amount” in relation to a person, a dwelling and a day, means the amount estimated by the relevant billing authority as that which the person would be liable to pay in respect of council tax as regards the dwelling and the day if his liability fell to be calculated solely by reference to section 10 of the 1992 Act or, as his circumstances require, that section read with section 11 of the 1992 Act; but in the application of this definition to a person who is an eligible person for the purposes of the Council Tax (Reductions for Disabilities) Regulations 1992(5), the estimate shall be made as if, in the definition of “A” in section 10 of the 1992 Act, there were substituted, for the reference to the valuation band listed for the dwelling, a reference to the alternative valuation band as defined in regulation 4(1) of those Regulations;

“eligible person” has the meaning given by regulation 5;

“relevant area” means a transferred area, in relation to which the council tax figure–

(a)

for a 1996 authority or a 1997 authority, is greater than £156;

(b)

for a 1998 authority, is greater than £104;

“relevant dwelling” means a dwelling situated in a relevant area;

“relevant billing authority” means a billing authority–

(a)

which was subject to a section 17 order; or

(b)

which is situated in the area of a county council which was subject to such an order;

“reorganisation date” means 1st April in any of the years 1996 to 1998;

“section 17 order”, in relation to an authority, means an order under section 17 of the Local Government Act 1992 which affected that authority from a reorganisation date; and

“transferred area” means an area which formed the whole or part of the area of a billing authority (in these Regulations referred to as a “transferor authority”) immediately before a reorganisation date, and formed part of the area of another billing authority on and after that date.

(1)

S.I. 1996/176, to which there are amendments not relevant to these Regulations.

(2)

S.I. 1997/215, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1998/214.

(4)

S.I. 1992/1814, to which there are amendments not relevant to these Regulations.

(5)

S.I. 1992/554; relevant amendments are made by S.I. 1993/195.