# The Community Charges (Co-owners) Regulations 1990, Regulation 3: Co-owners: billing


(1) Part III of the principal Regulations (billing) shall have effect in relation toco-owners as if regulation 13(8) of those Regulations were omitted and with the following modifications —
(a) references to the amount for which a person is liable, or the liability of a person, in respect of a community charge include references to the amount for which the co-owners concerned are jointly and severally liable under regulation 59(2)(d) of those Regulations,
(b) service on one co-owner of any notice required or authorised to be served on a chargeable person shall be treated as service on all the co-owners concerned, and the co-owners shall be jointly and severally liable to pay any amount required to be paid under it,
(c) the duty to make payments under section 9 of the Act shall be discharged by the making of payments in accordance with Part II of Schedule 2 to those Regulations to any of the co-owners shown as subject to the charge concerned,
(d) where any amount arising in respect of a charge to which persons are shown as jointly subject (“joint charge”) may be credited against a liability instead of being repaid, it may be credited only against a liability in respect of the same charge,
(e) where any amount arising in respect of a joint charge might fall to be repaid to co-owners, it may be repaid to such of the co-owners as the person making the repayment considers appropriate,
(f) where any amount arising in respect of a joint charge might fall to be repaid to more than one spouse or manager, it may be repaid to such of them as the person making the repayment considers appropriate,
(g) a penalty under Schedule 3 to the Act may not be recovered in the manner mentioned in regulation 24(1)(a) of the principal Regulations in respect of a joint charge,
(h) the duty to compile a record under paragraph 1 of Schedule 2 to those Regulations is a duty of each of the co-owners shown as subject to the charge concerned, but is discharged if one of them compiles the record on behalf of all of them,
(i) the duty to retain, allow the inspection of and to send a copy of a record under that paragraph is a duty of the co-owner who so compiles the record,
(j) the duty to submit a return under paragraph 2 of that Schedule is a duty of each of the co-owners shown as subject to the charge concerned, but is discharged if one of them submits the return on behalf of all of them,
(k) the duty to supply information under paragraph 5 or 7 of that Schedule is a duty of each of the co-owners shown as subject to the charge concerned, but is discharged if one of them supplies the information on behalf of all of them, and
(l) the duty to supply a receipt under paragraph 8 of that Schedule is a duty of the co-owner to whom the payment concerned is made.
(2) Sections 16(7) and 17(8) of the Act shall have effect in relation to an amount paid by the spouse or manager of a co-owner as if the reference to the chargeable person were a reference to any of the co-owners; and references to those provisions in regulation 23(10) of the principal Regulations shall have effect accordingly.
(3) Paragraphs (1)(b) to (e) and (2) are without prejudice to any right or duty in law or equity (whether under the terms of the trusts on which the property concerned is held or otherwise) of a co-owner who has made a payment, or receives a repayment or contribution, in respect of a joint charge to recover all or part of the payment from, or to account for all or part of the repayment or contribution to, the other co-owners or any beneficiaries interested in the property; but insofar as in any particular case no such right or duty exists (and the co-owner is not himself in consequence of any such provision in law or equity obliged to bear the burden of the payment or entitled to receive the benefit of the repayment or contribution), such payments shall be due between the co-owners as will secure that in respect of the joint charge the burden or benefit of the payment, repayment or contribution accrues to them in equal shares.
(4) Where —
(a) a payment has been made by a spouse in relation to an amount mentioned in regulation 22(1) of the principal Regulations as it has effect in relation to co-owners,
(b) recovery is not possible under section 16(7) of the Act as applied by paragraph (2) above in consequence of the condition mentioned in subsection (7)(b) of that section not being fulfilled in respect of the co-owners, and
(c) the spouse or spouses of other co-owners were (or if notice were giv en under regulation 23(1) of the principal Regulations, would have been) liable to make a payment with respect to the amount, the spouse who made the payment may recover from those other spouse or spouses such sums as will secure that the payment is borne between them according to the relative proportions in which, in accordance with the formula in regulation 22(1) of the principal Regulations, they are jointly and severally liable for the amount mentioned in that provision; and where recovery is so made, a spouse shall account between the other spouses accordingly with respect to any repayment by the charging authority.
(5) In paragraph (4) “spouse” does not include a spouse who is also one of theco-owners concerned; and that paragraph has effect subject to any agreement to the contrary between the spouses or any other rule having effect in law or equity in any particular case and governing the relationship between them.

---
Source: https://www.legislation.gov.uk/uksi/1990/146/regulation/3 (the official version)
Page: https://openlegislation.uk/community-charges-co-owners-regulations-1990/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.