The Community Charges (Demand Notices) (Additional Provisions) (Wales) Regulations 1991

• Citation: S.I. 1991/877
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Community Charges (DemandNotices) (Additional Provisions) (Wales) Regulations 1991 and shall comeinto force on 4th April 1991.

(2) In these Regulations—

“the 1990 Regulations ” means the Community Charges and Non-Domestic Rating (DemandNotices) (Wales) Regulations 1990 ;

“1991 adjustment notice” means a notice (other than a notice which would require payment ofan amount of £0)—

which is given under regulation 26(2) of, or paragraph 7(2) ofSchedule 1 or paragraph 4(2) of Schedule 2 to, the Community Charges(Administration and Enforcement) Regulations 1989 by a charging authority to a person in respect of hisliability to pay an amount under a community charge demand notice; and

which is so given either—

solely in consequence of the substitution for the amount set by theauthority for its personal community charges for the whole or any partof its area of an amount which has been reduced by virtue of theCommunity Charges (General Reduction) Act 1991; or

solely in consequence of that substitution and an alteration of theapplicable relief;

and a notice is given solely in consequence of the matters referredto in sub-paragraph (b) notwithstanding that a consequential adjustmentfalls to be made to the benefit or excess benefit;

“1991 personal community charge demand notice” means a community charge demand notice requiring the payment of anamount in respect of a charging authority’s personal community charge asit has effect for the chargeable financial year beginning on 1st April1991;

“1991 standard community charge demand notice” means a community charge demand notice requiring the payment of anamount in respect of a charging authority’s standard community charge asit has effect for the chargeable financial year beginning on 1st April1991;

“1991 collective community charge demand notice” means a community charge demand notice requiring the payment of anamount in respect of a charging authority’s collective community chargeas it has effect for the chargeable financial year beginning on 1stApril 1991;

“applicable relief”, in relation to a 1991 adjustment notice, means, where regulationsunder section 13A of the Local Government Finance Act 1988 apply toreduce the amount a chargeable person is liable to pay in respect of thepersonal community charge to which the notice relates, the amount ofthat reduction;

“benefit”, in relation to a 1991 adjustment notice, means the amount of anyreduction in the amount demanded under the notice which is attributableto a reduction, or assumed or expected reduction, in the amount a personis liable to pay in respect of the community charge concerned as it haseffect for the chargeable financial year beginning on 1st April 1991, inconsequence of any provision included in regulations under section31A(1) of the Social Security Act 1986 ;

“excess benefit”, in relation to a 1991 adjustment notice, means the amount of anyaddition to the amount demanded under the notice which is attributableto excess community charge benefit which is being recovered in themanner described in section 31D(3)(b) of the Social Security Act 1986;

(3) In these Regulations, any reference to a numbered form is areference to the form bearing that number, prescribed in Schedule 1 tothe 1990 Regulations.

(4) Except as otherwise provided, expressions used in these Regulationswhich are also used in the 1990 Regulations have the same meaning as inthose Regulations.

Section 2 Application of the Regulations

Subject to the provisions of section 1(5) of the Community Charges(General Reduction) Act 1991, these Regulations do not affect thevalidity of a 1991 community charge demand notice or a 1991 adjustmentnotice issued before the coming into force of these Regulations.

Section 3 Amendment of the 1990 Regulations

(1) The 1990 Regulations have effect with the amendments specified inthe following paragraphs of this regulation.

(2) In regulation 2(1), after the definition of“the principal rating regulations”, there is inserted the following—

“1991 community charge demand notice” means a community charge demand notice requiring the payment of anamount in respect of a charging authority’s personal community charge orstandard community charge as it has effect for the chargeable financialyear beginning on 1st April 1991;

(3) In regulation 3(1), for the words“and regulations 4, 9, and 10” there are substituted the words“regulations 4, 9, and 10 and regulation 4 of the Community Charges(Demand Notices) (Additional Provisions) (Wales) Regulations 1991 (additional requirements for 1991 community charge demand notices)”.

(4) In regulation 6(1), for the words“and regulations 7, 9, and 11” there are substituted the words“regulations 7, 9, and 11 and regulation 4 of the Community Charges(Demand Notices) (Additional Provisions) (Wales) Regulations 1991 (additional requirements for 1991 community charge demand notices)”.

(5) In paragraph 7(1) of Schedule 2, in the definition of“applicable relief”, for the words after“means” there are substituted the words—

where regulations under section 13A of the Act apply to reduce theamount a chargeable person is liable to pay in respect of a charge towhich a personal community charge demand notice relates, the amount ofthat reduction;

(6) In paragraph 7 of Schedule 2, in the definition of“relevant charge” there are added after the word“means” the words“subject to sub-paragraph (5),”.

(7) In paragraph 7 of Schedule 2, there is added the followingsub-paragraph—

(5) In relation to a 1991 community charge demand notice, references inthis Schedule to the relevant charge are to the relevant charge asreduced by virtue of the Community Charges (General Reduction) Act 1991,except that in sub-paragraphs [l] and [q] of paragraph 3, sub-paragraphs[l] and [q] of paragraph 6 and sub- paragraphs (2) and (3) of thisparagraph, references to the relevant charge are to the relevant chargeimmediately before its reduction in accordance with section 1 of theCommunity Charges (General Reduction) Act 1991.

Section 4 1991 demand notices: additional requirements

(1) A 1991 personal community charge demand notice in form 1 shallcontain the words“Less General Reduction/Llai Gostyngiad Cyffredinol” immediately above the words“Collection adjustment/Addasiad casglu”, and shall contain the figure“140” in the right hand column to the right side of the words“Less General Reduction/Llai Gostyngiad Cyffredinol”.

(2) A 1991 personal community charge demand notice in form 2 shallcontain the words“Less General Reduction” immediately above the words“Collection adjustment”, and shall contain the figure“140” in the right hand column to the right side of the words“Less General Reduction”.

(3) A 1991 personal community charge demand notice in form 3 shallcontain the words“Llai Gostyngiad Cyffredinol” immediately above the words“Addasiad casglu”, and shall contain the figure“140” in the right hand column to the right side of the words“Llai Gostyngiad Cyffredinol”.

(4) A 1991 personal community charge demand notice which does not complywith the provisions of paragraph (1), (2) or (3), as the case may be, isinvalid.

(5) A 1991 standard community charge demand notice in form 4 shallcontain the words“Less General Reduction/Llai Gostyngiad Cyffredinol” immediately above the words“Collection adjustment/Addasiad casglu”, and shall contain the figure“140” in the right hand column to the right side of the words“Less General Reduction/Llai Gostyngiad Cyffredinol”.

(6) A 1991 standard community charge demand notice in form 5 shallcontain the words“Less General Reduction” immediately above the words“Collection adjustment”, and shall contain the figure“140” in the right hand column to the right side of the words“Less General Reduction”.

(7) A 1991 standard community charge demand notice in form 6 shallcontain the words“Llai Gostyngiad Cyffredinol” immediately above the words“Addasiad casglu”, and shall contain the figure“140” in the right hand column to the right side of the words“Llai Gostyngiad Cyffredinol”.

(8) A 1991 standard community charge demand notice which does not complywith the provisions of paragraph (5), (6) or (7), as the case may be, isinvalid.

(9) Where—

(a) a 1991 community charge demand notice is invalid because it does notcomply with the provisions of paragraph (1), (2), (3), (5), (6) or (7),as the case may be,

(b) the failure so to comply was due to a mistake, and

(c) the amount required to be paid under the notice was demanded inaccordance with Part III of the principal community charge regulations,

the requirement to pay that amount shall nevertheless have effect as if the notice were valid.

(10) Where a requirement to pay an amount under an invalid notice haseffect by virtue of paragraph (9), the charging authority which issuedthe notice shall as soon as practicable after the mistake is discoveredissue to the chargeable person concerned a document in the form whichthe notice would have taken (and containing the matters it would havecontained) if it had complied with the provisions of paragraph (1), (2),(3), (5), (6) or (7), as the case may be.

Section 5 General reduction statement: personal community charge demands

A notice which is either—

(a) a 1991 personal community charge demand notice, or

(b) a 1991 adjustment notice given to a person in respect of hisliability to pay an amount under a personal community charge demandnotice,

shall be issued together with a statement as follows—

This personal community charge demand takes account of theprovisions of the Community Charges (General Reduction) Act 1991. Theamount shown as“General Reduction” is the £140 reduction announced by the Chancellor of the Exchequerin his Budget statement of 19 March 1991.

Mae'r ffurflen hon i hawlio'r tal cymunedol personol yn cymryd iystyriaeth ddarpariaethau Deddf Taliadau Cymunedol (GostyngiadCyffredinol) 1991. Y swm a ddangosir fel“Gostyngiad Cyffredinol” yw'r gostyngiad o £140 a gyhoeddwyd gan Ganghellor y Trysorlys ynei ddatganiad Cyllideb ar 19 Mawrth 1991.

Section 6 General reduction statement: standard community charge demands

A notice which is either—

(a) a 1991 standard community charge demand notice, or

(b) a 1991 adjustment notice given to a person in respect of hisliability to pay an amount under a standard community charge demandnotice,

shall be issued together with a statement as follows—

This standard community charge demand takes account of theprovisions of the Community Charges (General Reduction) Act 1991. Theamount shown as“General Reduction” is the £140 reduction announced by the Chancellor of the Exchequerin his Budget statement of 19 March 1991.

Mae'r ffurflen hon i hawlio'r tal cymunedol safonol yn cymryd iystyriaeth ddarpariaethau Deddf Taliadau Cymunedol (GostyngiadCyffredinol) 1991. Y swm a ddangosir fel“Gostyngiad Cyffredinol” yw'r gostyngiad o £140 a gyhoeddwyd gan Ganghellor y Trysorlys ynei ddatganiad Cyllideb ar 19 Mawrth 1991.

Section 7 General reduction statement: collective community charge demands

A notice which is either—

(a) a 1991 collective community charge demand notice, or

(b) a 1991 adjustment notice given to a person in respect of hisliability to pay an amount under a collective community charge demandnotice,

shall be issued together with a statement as follows—

This collective community charge demand takes account of theprovisions of the Community Charges (General Reduction) Act 1991. Theamount shown as payable by you includes the £140 reduction announced bythe Chancellor of the Exchequer in his Budget statement of 19 March1991.

Mae'r ffurflen hon i hawlio'r tal cymunedol cyfunol yn cymryd iystyriaeth ddarpariaethau Deddf Taliadau Cymunedol (GostyngiadCyffredinol) 1991. Mae'r swm a ddangosir fel swm taladwy gennych yncynnwys y gostyngiad o £140 a gyhoeddwyd gan Ganghellor y Trysorlys ynei ddatganiad Cyllideb ar 19 Mawrth 1991.