The Council Tax (Additional Provisions for Discount Disregards) (Amendment) (Wales) Regulations 2019

Welsh Statutory Instruments

2019 No. 431 (W. 100)

Council Tax, Wales

The Council Tax (Additional Provisions for Discount Disregards) (Amendment) (Wales) Regulations 2019

Made

4 March 2019

Laid before the National Assembly for Wales

6 March 2019

Coming into force

1 April 2019

The Welsh Ministers make the following Regulations, in exercise of the powers conferred on the Secretary of State by section 116(1)(1) of, and paragraph 11 of Schedule 1 to, the Local Government Finance Act 1992(2), and now vested in them(3).

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Council Tax (Additional Provisions for Discount Disregards) (Amendment) (Wales) Regulations 2019.

(2) These Regulations come into force on 1 April 2019.

(3) These Regulations apply in relation to Wales.

Commencement Information

I1 Reg. 1 in force at 1.4.2019, see reg. 1(2)

Amendments to the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 E+W

2.—(1) The Council Tax (Additional Provisions for Discount Disregards) Regulations 1992(4) are amended as follows.

(2) For the title to regulation 3, substitute “Persons of other descriptions: England”.

(3) At the beginning of regulation 3, insert “In relation to dwellings in England,”.

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2(4) omitted (1.4.2026) by virtue of The Council Tax (Discounts, Disregards and Exemptions) (Wales) Regulations 2026 (W.S.I. 2026/8), reg. 1(2), Sch. 4 para. 13

Commencement Information

I2 Reg. 2 in force at 1.4.2019, see reg. 1(2)

Rebecca Evans

Minister for Finance and Trefnydd, one of the Welsh Ministers

4 March 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 (S.I. 1992/552) (“the 1992 Regulations”).

Certain people are disregarded when determining whether a dwelling is subject to a discount on the amount of council tax which is payable (section 11 of the Local Government Finance Act 1992 (c. 14) (“the Act”)). The classes of people who are disregarded are set out in Schedule 1 to the Act and the 1992 Regulations.

Regulation 2(2) of these Regulations amends regulation 3 of the 1992 Regulations so that it applies only in relation to dwellings in England.

Regulation 2(4) inserts new regulations 4 and 5 into the 1992 Regulations which prescribe the classes of people who are disregarded when determining whether a dwelling in Wales is subject to a discount. Classes A – F replicate the descriptions and conditions in the equivalent classes in England. Class G (care leavers who are under the age of 25) is a new class which is only relevant for dwellings in Wales. The term “care leaver” is defined with reference to a category 3 young person, as defined in the Social Services and Well-being (Wales) Act 2014 (anaw 4).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

See the definition of “prescribed”.

(2)

1992 c. 14; section 116 was amended by articles 2(m) and 27(2) of the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808 (W. 89)).

(3)

Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

S.I. 1992/552, amended by the British Overseas Act 2002 (c. 8), section 2(3), and S.I. 1992/2942, 1993/149, 1995/620, 1997/657 and 2005/3302 (W. 256). There are other amending instruments which are not relevant to these Regulations.