{
  "url": "https://openlegislation.uk/community-charges-and-non-domestic-rating-miscellaneous-provisions-regulations-1992/note",
  "json_url": "https://openlegislation.uk/community-charges-and-non-domestic-rating-miscellaneous-provisions-regulations-1992/note.json",
  "legislation": "uksi/1992/474",
  "legislation_title": "The Community Charges and Non-Domestic Rating (Miscellaneous Provisions) Regulations 1992",
  "legislation_url": "https://openlegislation.uk/community-charges-and-non-domestic-rating-miscellaneous-provisions-regulations-1992",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend, in similar terms, regulations 41 and 47 of, and Schedule 3 to, the Community Charges (Administration and Enforcement) Regulations 1989 (“the Administration Regulations”) and regulations 16 and 21 of, and Schedule 2 to, the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (“the Collection Regulations”). They also amend regulation 48(7) of the Administration Regulations.\nThe amendments to regulation 41 of the Administration Regulations and regulation 16 of the Collection Regulations relate to procedures prior to the making by a charging authority of an application to a magistrates' court for the issue of a warrant of commitment in respect of unpaid community charges or non-domestic rates where the amount outstanding cannot be levied by seizure and sale of the debtor’s goods. The effect of the amendments is to make clear that an authority may apply for the issue of a warrant irrespective of the reason for the failure of the attempt to levy.\nThe amendments to regulation 47 of the Administration Regulations and regulation 21 of the Collection Regulations insert new paragraph (4) to (6). They relate to the procedure to be followed in magistrates' courts on the hearing of–\n(a) a charging authority’s application for a liability order to enforce payment of community charges or non-domestic rates;\n(b) an appeal by a person aggrieved by a seizure and sale, or attempted seizure and sale, of his goods in payment of a sum due to charging authority under such an order;\n(c) a charging authority’s application to commit to prison a person against whom a liability order has been made and in respect of whom a seizure and sale or attempted seizure and sale of goods has not resulted in the recovery of the sum due.\nThe effect of the new paragraphs (4) and (5) is to permit the court to admit as evidence certain statements which would otherwise be admissible only by direct oral evidence. In relation to statements contained in documents produced by a computer, other statements relating to, amongst other matters, the operation of the relevant computer at the material time, are also admissible where they are contained in a certificate. Paragraph (6) defines “statement” for these purposes and makes it clear that paragraph (4) applies where an application to commit is renewed on the ground that the debtor’s circumstances have changed.\nThe amendment to regulation 48(7) of the Administration Regulations makes provision for cases of joint and several liability comparable to that made for cases of sole liability by the amendment to regulation 41.\nThe amendments to Form C in Schedule 3 to the Administration Regulations and Form C in Schedule 2 to the Collection Regulations relate to the form of warrants of commitment and reflect the amendments to regulation 41 of the Administration Regulations and regulation 16 of the Collection Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/474/note",
    "retrieved_at": "2026-10-29T14:27:45.246436+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}