Paragraph 6

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch. 1 amended by Community Charges (Miscellaneous Provisions) 1989
sch. 1 para. 7 amended by Community Charges (Administration and Enforcement) 1990
Sch. 1 para. 1(2) words substituted by Community Charges and Non-Domestic Rating (Miscellaneous Provisions) 1991 reg. 3(a)
Sch. 1 para. 1(2A) insertion by Community Charges and Non-Domestic Rating (Miscellaneous Provisions) 1991 reg. 3(b)
sch. 1 para. 7 amended by Personal Community Charge (Relief) 1990
sch. 1 para. 7 amended by Community Charges (Administration and Enforcement) 1990

(1)

This paragraph applies where the demand notice has been served on a chargeable person by a charging authority and after its issue the person is shown in the charging authority’s community charges register as ceasing to be subject in the period to which the notice relates to the community charge concerned.

(2)

Subject to sub-paragraphs (5) and (6), no payments of instalments falling due after the relevant day are payable under the notice.

(3)

The charging authority shall on the relevant day or as soon as practicable after that day serve a notice on the chargeable person stating the amount of his liability in respect of the charge to which the demand notice relates as it has effect for the period in the relevant year up to the day on which he is shown as ceasing to be subject to the charge.

(4)

If the amount stated under sub-paragraph (3) is less than the aggregate amount of any instalments which have fallen due on or before the relevant day, the difference shall go in the first instance to discharge any liability to pay the instalments (to the extent that they remain unpaid); and any residual overpayment–

(a)

shall be repaid if the chargeable person so requires, or

(b)

in any other case shall (as the charging authority determines) either be repaid or credited against any subsequent liability of the person to make a payment in respect of any community charge of the authority.

(5)

If the amount stated under sub-paragraph (3) is greater than the aggregate amount of any instalments which have fallen due on or before the relevant day, the difference between the two shall be due from the chargeable person to the charging authority on the expiry of such period (being not less than 14 days) after the day of issue of the notice served under that sub-paragraph as is specified in it.

(6)

If this paragraph applies in relation to a demand notice, and after the person has been shown in the register as ceasing to be subject to the charge he is shown as becoming subject again to the same charge in the relevant year, a further notice shall be served on the chargeable person requiring payments in respect of the charge as it has effect for the period in the year after he is shown as becoming so subject; and regulations 15 to 17, 19 and 20 (and, so far as applicable, this Schedule) shall apply to the further notice with respect to that period, and the sums payable by the chargeable person with respect to that period, as if it were a demand notice given in relation to a different charge.

(7)

In this paragraph “the relevant day” means the day on which the person ceases to be subject to the charge or, if later, the day on which the entry on the register relating to the cessation is made.