# The Council Tax and Non-Domestic Rating (Amendment) (Wales) Regulations 2011

W.S.I. 2011/528 · made 21 February 2011

These Regulations make amendments to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (S.I. 1989/1058) (“the 1989 Regulations”) and the Council Tax (Administration and Enforcement) Regulations 1992 (S.I. 1992/613) (“the 1992 Regulations”). In relation to both sets of Regulationsthere are prescribed maxima for the costs which a billing authority may recover in connection with applications for liability orders; andthe costs connected with committal that a billing authority can in certain circumstances recover are increased.

Made under: Local Government Finance Act 1988 (Section 143, Section 146, Schedule 9 paragraph 1, Schedule 9 paragraph 3); Local Government Finance Act 1992 (Section 113, Schedule 4 paragraph 1, Schedule 4 paragraph 2, Schedule 4 paragraph 3, Schedule 4 paragraph 17, Schedule 4 paragraph 20)

PDFs: Printed copy https://openlegislation.uk/council-tax-and-non-domestic-rating-amendment-wales-regulations-2011/pdf/wsi_20110528_mi.pdf

## Introductory text

COUNCIL TAX, WALES RATING, WALES
Made 21 February 2011
Laid before the National Assembly for Wales 25 February 2011
Coming into force 1 April 2011
The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by:
(a) sections 143(2) and 146(6) of, and paragraphs 1 and 3(3) of Schedule 9 to, the Local Government Finance Act 1988, and
(b) section 113(2) of, and paragraphs 1, 2, 3, 17 and 20 of Schedule 4 to, the Local Government Finance Act 1992,
and now vested in them.

## 1 Title, commencement and application

(1) The title of these Regulations is The Council Tax and Non-Domestic Rating (Amendment) (Wales) Regulations 2011 and they come into force on 1 April 2011.
(2) These Regulations apply in relation to billing authorities in Wales.
(3) These Regulations do not apply to—
(a) an application for a liability order instituted before 1 April 2011, or
(b) an application which is of a type mentioned in the tables substituted by the Schedules to these Regulations which is made before 1 April 2011.

## 2 Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989

(1) The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended as follows.
(2) In regulation 12 (application for liability order)—
(a) in paragraph (6)(b), after “the order” insert “(which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)”;
(b) in paragraph (7), after “the application” insert “(which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)”.
(3) For Schedule 4 substitute the schedule in Schedule 1 to these Regulations.

## 3 Amendment of the Council Tax (Administration and Enforcement) Regulations 1992

(1) The Council Tax (Administration and Enforcement) Regulations 1992 are amended as follows.
(2) In regulation 34 (application for liability order)—
(a) in paragraph (7)(b), after “the order” insert “(which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)”;
(b) in paragraph (8), after “the application” insert “(which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)”.
(3) For Schedule 6 substitute the schedule in Schedule 2 to these Regulations.

## Signature

Carl Sargeant
Minister for Social Justice and Local Government, one of the Welsh Ministers
21 February 2011

## Schedule 1 

“SCHEDULE 4
Costs connected with committal
Regulation 16(6A) and (6B)
Application
Maximum Costs
For making an application for a warrant of commitment
£305.00
For making an application for a warrant of arrest
£145.00.
”

## Schedule 2 

“SCHEDULE 6
Costs connected with committal
Regulation 47(6A) and (6B)
Application
Maximum Costs
For making an application for a warrant of commitment
£305.00
For making an application for a warrant of arrest
£145.00.
”

## Explanatory note

(This note is not part of the Regulations)
These Regulations make amendments to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (S.I. 1989/1058) (“the 1989 Regulations”) and the Council Tax (Administration and Enforcement) Regulations 1992 (S.I. 1992/613) (“the 1992 Regulations”). In relation to both sets of Regulations
there are prescribed maxima for the costs which a billing authority may recover in connection with applications for liability orders; and
the costs connected with committal that a billing authority can in certain circumstances recover are increased.
The Regulations come into force on 1 April 2011 and apply in relation to billing authorities in Wales (regulation 1).
Regulation 2 amends the 1989 Regulations (relating to non-domestic rating). The maximum amount which can be allowed for billing authorities for costs in connection with an application for a liability order, including the costs for instituting the application, is prescribed as £70. Schedule 4 to the 1989 Regulations (costs connected with committal) is substituted by the schedule in Schedule 1 to these Regulations.
Regulation 3 amends the 1992 Regulations (relating to council tax). The maximum amount which can be allowed for billing authorities for costs in connection with an application for a liability order, including the costs for instituting the application, is prescribed as £70. Schedule 6 to the 1992 Regulations (costs connected with committal) is substituted by the schedule in Schedule 2 to these Regulations.

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Source: https://www.legislation.gov.uk/wsi/2011/528 (the official version)
Page: https://openlegislation.uk/council-tax-and-non-domestic-rating-amendment-wales-regulations-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

