2013 No. 695

Contracting Out, Wales

The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) (Amendment) (Wales) Order 2013

Made

Coming into force in accordance with article 1(1)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 69(4) and 70(2) and (4) of the Deregulation and Contracting Out Act 19941.

In accordance with section 70(3) of that Act, the Secretary of State has consulted such representatives of local government as appear to him to be appropriate.

In accordance with section 77(2) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and application1

1

This Order may be cited as the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) (Amendment) (Wales) Order 2013 and shall come into force on the day after the day on which it is made.

2

This Order applies in relation to Wales.

Amendment of the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 19962

1

The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 19962 is amended as follows.

2

In article 2(1) (interpretation) after the definition of “authority” insert—

  • “council tax reduction scheme” means a scheme made in accordance with the Council Tax Reduction Scheme and Prescribed Requirements (Wales) Regulations 20123;

  • “Default Scheme” means the scheme prescribed by the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 20124;

  • “the Detection of Fraud Regulations” means the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (Wales) Regulations 20135;

3

In article 3 (functions of local authorities) for “and the Regulations” substitute “, the Regulations, a council tax reduction scheme, the Default Scheme and the Detection of Fraud Regulations”.

4

In article 12 (ascertaining entitlement to discounts) for sub-paragraph (2)(a) substitute—

a

take such steps as the contractor considers reasonable to ascertain whether that amount is subject to any discount and, if so, the amount of that discount;

5

After article 13 (ascertaining entitlement to reduced amounts) insert—

Notification of decision on council tax reduction13A

An authority may authorise a contractor to exercise the function of giving notification of a decision under—

a

its council tax reduction scheme6;

b

paragraph 115 of the Default Scheme.

Payment of a reduction13B

An authority may authorise a contractor to exercise the function of determining whether a payment should be made and the function of making a payment under—

a

its council tax reduction scheme7;

b

paragraph 116 of the Default Scheme.

6

In article 19 (collection of penalties)—

a

in paragraph (1) after “(Penalties)” insert “, or under any of regulations 13, 14, 16 or 17 of the Detection of Fraud Regulations”;

b

in paragraph (2) after “the Act” insert “, or under regulation 16 or 17 of the Detection of Fraud Regulations,”.

Signed by authority of the Secretary of State for Communities and Local Government

Brandon LewisParliamentary Under Secretary of StateDepartment for Communities and Local Government
EXPLANATORY NOTE

(This note is not part of the Order)

The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 (“the 1996 Order”) makes provision to enable a billing authority in relation to council tax to authorise another person, or that person’s employees, (a “contractor”) to exercise functions relating to the administration and enforcement of council tax. County Councils and County Borough Councils are billing authorities in Wales and have the functions of a charging authority.

This Order amends the 1996 Order so as to make provision to enable billing authorities in Wales to authorise contractors to exercise additional functions relating to council tax. Those additional functions are; giving notification of a decision about an application for a reduction of council tax; payment of a reduction; and collection of penalties under the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (Wales) Regulations 2013.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.