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The Community Charges (Administration and Enforcement) (Amendment) Regulations 1994

S.I. 1994/504 · Made 24 February 1994

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

COMMUNITY CHARGES, ENGLAND AND WALES

Made 24th February 1994

Laid before Parliament 9th March 1994

Coming into force 1st April 1994

The Secretary of State for the Environment, as respect England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 146(6) of, and paragraphs 1, 2, 8 and 26 of Schedule 4 to, the Local Government Finance Act 1988f1, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1988 c. 41.

Contents

  1. 1Citation and commencement
  2. 2Amendment of Regulations
  3. 3Commitment to prison
  4. 4Costs connected with committal
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.

2Amendment of Regulations

The Community Charges (Administration and Enforcement) Regulations 1989f1 shall be amended in accordance with the following provisions of these Regulations.

3Commitment to prison

In regulation 41, there shall be substituted for paragraph (6) the following paragraphs—

“(6)

If—

(a)

before a warrant has been issued, or a term of imprisonment fixed and the issue of a warrant postponed, an amount determined in accordance with paragraph (6A) below is paid or tendered to the authority, or

(b)

after a term of imprisonment has been fixed and the issue of a warrant postponed, the amount (if any) the court has ordered the debtor to pay is paid or tendered to the authority, or

(c)

after a warrant has been issued, the amount stated in it is paid or tendered to the authority,

the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor, if committed to prison, shall be released.

(6A)

The amount referred to in paragraph (6)(a) above is the aggregate of—

(a)

the appropriate amount mentioned in regulation 39(2) (or so much of it as remains outstanding), and

(b)

subject to paragraph (6B) below, the authority’s reasonable costs incurred up to the time of payment or tender in making one or more of the applications referred to in Schedule 6.

(6B)

For the purposes of paragraph (6A)(b) above, the authority’s reasonable costs in respect of any application shall not exceed the amount specified for that application in Schedule 6.”.

4Costs connected with committal

After Schedule 5 there shall be added the following Schedule—

“SCHEDULE 6

COSTS CONNECTED WITH COMMITTAL

Regulation 41(6A) and (6B)

(1)(2)
ApplicationMaximum costs
For making an application for the issue of a warrant:£55.00.
For making an application for an arrest warrant with bail:£55.00.
For making an application for an arrest warrant without bail:£70.00.

”

Signature

Signed by authority of the Secretary of State for the Environment

David Curry

Minister of State,

Department of the Environment

17th February 1994

John Redwood

Secretary of State for Wales

24th February 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations amend regulation 41 of the Community Charges (Administration and Enforcement) Regulations 1989 (commitment to prison) so that, in a case where the debtor pays the amount due from him after the authority has applied for the issue of a warrant, but before a warrant is issued, or a term of imprisonment fixed and the issue of a warrant postponed, an authority may also recover reasonable costs in connection with the committal proceedings. The costs are subject to maximum amounts set out in a new Schedule to the 1984 Regulations.