The Community Charges (Administration and Enforcement) (Amendment) Regulations 1991

• Citation: S.I. 1991/140
• Sections: 5

Section 1 Citation and commencement

(1) These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) Regulations 1991.

(2) These Regulations, other than regulations 3 and 5 and, insofar as it relates to those regulations, regulation 2, shall come into force on 1st April 1991.

(3) Regulations 3 and 5 and, insofar as it relates to those regulations, regulation 2, shall come into force on 15th February 1991.

Section 2 Amendment of Regulations

The Community Charges (Administration and Enforcement) Regulations 1989 are amended in accordance with the following provisions of these Regulations.

Section 3 Demand notices: treatment of credits brought forward

(1) For paragraph (3) of regulation 16 there is substituted the following paragraph–

(3) The amount is–

(a) the charging authority’s estimate of the amount that the person is liable to pay in respect of the charge as it has effect for the relevant year, made as respects periods in the year after the issue of the notice on the following assumptions–

(i) that the person will be subject to the community charge to which the notice relates on every day after the issue of the notice;

(ii) if he is shown in the register as undertaking a full-time course of education on the day the notice is issued, that he will undertake such a course on every day after the issue of the notice; and

(iii) if on the day the notice is issued a determination as to a community charge benefit to which he is entitled is in effect, and by virtue of regulations made under section 31A(1) of the Social Security Act 1986 the benefit allowed as regards that day under the determination takes the form of a reduction in the amount the person is liable to pay in respect of the charge as it has effect for the relevant year, that as regards every day after that day he will be allowed the same reduction in that amount; or

(b) where an amount falls to be credited by the charging authority against the amount that the person is liable to pay in respect of the charge as it has effect for the relevant year, the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be so credited.

(2) In paragraph (4) of regulation 16, for the words after “payment of” there are substituted the following words–

(a) an amount equal to the person’s liability in respect of the charge as it has effect for the period in the year up to the day on which he is last shown as ceasing to be subject to the charge; or

(b) where an amount falls to be credited by the charging authority against that liability, an amount equal to the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be so credited.

(3) In paragraph (6) of regulation 16, for the words after “payment of” there are substituted the following words–

(a) the amount for which the chargeable person is liable in respect of the charge as it has effect for the year; or

(b) where an amount falls to be credited by the charging authority against that liability, an amount equal to the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be so credited.

(4) The substitutions referred to in paragraphs (1) to (3) do not apply in relation to community charges for the chargeable financial year beginning 1st April 1990.

Section 4 Personal and standard community charges: payments

For paragraph (5) of regulation 17 there is substituted the following paragraph –

(5) A notice to which regulation 16(4) or (6) applies shall (as the charging authority determines) require payment of the amount concerned–

(a) on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it; or

(b) by monthly instalments of such amounts as are specified in the notice, payable in such months and on such day in each month as is so specified.

Section 5 Co-owners

In regulation 59(5)–

(a) for the words “or I” in both places where they occur there are substituted the words “, I or J”;

(b) for the words “regulation 62(4) and (5)” there are substituted the words “regulation 62(6) and (11)”.