Regulation 32 Interpretation and application of Part VII1

In this Part—

• “attachment of allowances order” means an order under regulation 44;

• “attachment of earnings order” means an order under regulation 37;

• F1“authorised person” means any person authorised by a billing authority to exercise any functions relating to the administration and enforcement of the council tax;

• “charging order” means an order under regulation 50;

• “debtor” means a person against whom a liability order has been made;

• “earnings” means sums payable to a person—

  1. (a)

     by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service); or

  2. (b)

     by way of statutory sick pay, earnings,

     but, in so far as the following would otherwise be treated as earnings, they shall not be treated as such:

     1. (i)

        sums payable by any public department of the Government of Northern Ireland or of a territory outside the United Kingdom;

     2. (ii)

        pay or allowances payable to the debtor as a member of Her Majesty’s forces F2other than pay or allowances payable by his employer to him as a special member of a reserve force (within the meaning of the Reserve Forces Act 1996).;

     3. (iii)

        allowances or benefit payable under the Social Security Acts F3or universal credit;

     4. (iiia)

        F4a tax credit (within the meaning of the Tax Credits Act 2002

     5. (iiib)

        F5universal credit;

     6. (iv)

        allowances payable in respect of disablement or disability; and

     7. (v)

        wages payable to a person as a seaman, other than wages payable to him as a seaman of a fishing boat;

     8. (vi)

        F6tax credits within the meaning of the Tax Credits Act 2002.

• F7“the Income Support Regulations” means the Council Tax (Deductions from Income Support) Regulations 1993;

• “liability order” means an order under regulation 34 F8or regulation 36A(5); F9...

• “net earnings” in relation to an employment means the residue of earnings payable under the employment after deduction by the employer of—

  1. (a)

     income tax;

  2. (b)

     primary Class 1 contributions under Part I of the Social Security Contributions and Benefits Act 1992^f1; and

  3. (c)

     amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme, namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sum—

     1. (i)

        to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or

     2. (ii)

        to the personal representatives or the widows F10widowers, surviving civil partners, relatives or dependants of such persons on their death or otherwise,

     whether with or without any further or other benefits F11; and where an order under regulation 32 (making of attachment of earnings order) of the Community Charges (Administration and Enforcement) Regulations 1989 made before the making of the attachment of earnings order concerned remains in force,

  4. (d)

     any amount required to be deducted in accordance with that order F12; and

• F13“Schedule 12” means Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, and “the Schedule 12 procedure” means the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

In sub-paragraph (v) of the definition of “earnings” in paragraph (1) above expressions used in the Merchant Shipping Act 1894^f2 have the same meanings as in that Act.

Regulations 33 to 53 apply for the recovery of a sum which has become payable to a billing authority under Part V and which has not been paid; but their application in relation to a sum for which persons are jointly and severally liable under that Part is subject to the provisions of regulation 54 (joint and several liability).

References in this Part to a sum which has become payable and which has not been paid include references to a sum forming part of a larger sum which has become payable and the other part of which has been paid

Any reference in this Part to the day on or time at which a notice is issued, is a reference—