2011 No. 528 (W.73)
COUNCIL TAX, WALES RATING, WALES

The Council Tax and Non-Domestic Rating (Amendment) (Wales) Regulations 2011

Made
Laid before the National Assembly for Wales
Coming into force

The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by:

  1. (a)
    sections 143(2) and 146(6) of, and paragraphs 1 and 3(3) of Schedule 9 to, the Local Government Finance Act 19881, and
  2. (b)
    section 113(2) of, and paragraphs 1, 2, 3, 17 and 20 of Schedule 4 to, the Local Government Finance Act 19922,
and now vested in them3.

Title, commencement and application1.

(1)

The title of these Regulations is The Council Tax and Non-Domestic Rating (Amendment) (Wales) Regulations 2011 and they come into force on 1 April 2011.

(2)

These Regulations apply in relation to billing authorities4 in Wales.

(3)

These Regulations do not apply to—

(a)

an application for a liability order instituted before 1 April 2011, or

(b)

an application which is of a type mentioned in the tables substituted by the Schedules to these Regulations which is made before 1 April 2011.

Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 19892.

(1)

The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 19895 are amended as follows.

(2)

In regulation 12 (application for liability order)—

(a)

in paragraph (6)(b), after “the order” insert “(which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)”;

(b)

in paragraph (7), after “the application” insert “(which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)”.

(3)

For Schedule 4 substitute the schedule in Schedule 1 to these Regulations.

Amendment of the Council Tax (Administration and Enforcement) Regulations 19923.

(1)

The Council Tax (Administration and Enforcement) Regulations 19926 are amended as follows.

(2)

In regulation 34 (application for liability order)—

(a)

in paragraph (7)(b), after “the order” insert “(which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)”;

(b)

in paragraph (8), after “the application” insert “(which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)”.

(3)

For Schedule 6 substitute the schedule in Schedule 2 to these Regulations.

Carl Sargeant
Minister for Social Justice and Local Government, one of the Welsh Ministers

SCHEDULE 1

“SCHEDULE 4Costs connected with committal

Regulation 16(6A) and (6B)

Application

Maximum Costs

For making an application for a warrant of commitment

£305.00

For making an application for a warrant of arrest

£145.00.”

SCHEDULE 2

“SCHEDULE 6Costs connected with committal

Regulation 47(6A) and (6B)

Application

Maximum Costs

For making an application for a warrant of commitment

£305.00

For making an application for a warrant of arrest

£145.00.”

(This note is not part of the Regulations)

These Regulations make amendments to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (S.I. 1989/1058) (“the 1989 Regulations”) and the Council Tax (Administration and Enforcement) Regulations 1992 (S.I. 1992/613) (“the 1992 Regulations”). In relation to both sets of Regulations

  • there are prescribed maxima for the costs which a billing authority may recover in connection with applications for liability orders; and

  • the costs connected with committal that a billing authority can in certain circumstances recover are increased.

The Regulations come into force on 1 April 2011 and apply in relation to billing authorities in Wales (regulation 1).

Regulation 2 amends the 1989 Regulations (relating to non-domestic rating). The maximum amount which can be allowed for billing authorities for costs in connection with an application for a liability order, including the costs for instituting the application, is prescribed as £70. Schedule 4 to the 1989 Regulations (costs connected with committal) is substituted by the schedule in Schedule 1 to these Regulations.

Regulation 3 amends the 1992 Regulations (relating to council tax). The maximum amount which can be allowed for billing authorities for costs in connection with an application for a liability order, including the costs for instituting the application, is prescribed as £70. Schedule 6 to the 1992 Regulations (costs connected with committal) is substituted by the schedule in Schedule 2 to these Regulations.