The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2010
S.I. 2010/752 · Made 11 March 2010
Council Tax, England
Rating And Valuation, England
Made 11th March 2010
Laid before Parliament 16th March 2010
Coming into force 6th April 2010
The Secretary of State, in exercise of the powers conferred by—
- (a)
section 143(2) of, and paragraphs 1 and 3(3) of Schedule 9 to, the Local Government Finance Act 1988f1; and
- (b)
section 113(2) of, and paragraphs 1, 2 and 17 of Schedule 4 to, the Local Government Finance Act 1992f2,
makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1988 c.41. Paragraph 1 of Schedule 9 has been prospectively amended by paragraph 89 of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007 (c.15). Paragraph 3(3) was amended by paragraph 87(2)(b) of Schedule 13 to the Local Government Finance Act 1992 (c.14). These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the Local Government Finance Act 1988. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), they were transferred to the Welsh Ministers.
- f2
-
1992 c.14. Paragraph 1 of Schedule 4 has been prospectively amended by paragraph 107(2) of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the Local Government Finance Act 1992. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), they were transferred to the Welsh Ministers.
Contents
- 1Citation, commencement and application
- 2Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
- 3Amendment of the Council Tax (Administration and Enforcement) Regulations 1992
- Signature
- Schedule
- 1Part 1
- 2Part 2
- Explanatory note
1Citation, commencement and application
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2010 and shall come into force on 6th April 2010.
These Regulations apply in relation to billing authoritiesf1 in England only.
Regulation 2 does not apply in relation to an application which is of a type mentioned in the table substituted by Part 1 of the Schedule to these Regulations and which is made before 6th April 2010.
Regulation 3 does not apply in relation to an application which is of a type mentioned in the table substituted by Part 2 of the Schedule to these Regulations and which is made before 13th July 2009.
2Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
For Schedule 4 to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989f1, substitute the Schedule in Part 1 of the Schedule to these Regulations.
3Amendment of the Council Tax (Administration and Enforcement) Regulations 1992
For Schedule 6 to the Council Tax (Administration and Enforcement) Regulations 1992f1, substitute the Schedule in Part 2 of the Schedule to these Regulations.
Signature
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
11th March 2010
Department for Communities and Local Government
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.
”
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 the costs connected with committal that a billing authority can in certain circumstances recover are increased.
The Regulations come into force on 6th April 2010 and apply in relation to billing authorities in England only (regulation 1).
Regulation 2 amends the 1989 Regulations. Schedule 4 to the 1989 Regulations (costs connected with committal) is substituted by the Schedule in Part 1 of the Schedule to these Regulations, but the amendment does not apply in relation to an application which is made before the coming into force of these Regulations (regulation 1(3)).
Regulation 3 amends the 1992 Regulations. Schedule 6 to the 1992 Regulations (costs connected with committal) is substituted by the Schedule in Part 2 of the Schedule to these Regulations, but the amendment does not apply in relation to an application which is made before 13th July 2009 (regulation 1(4)). This is the date when the Magistrates’ Courts Fees (Amendment) Order 2009 (S.I. 2009/1496) came into force, which Order amended the court fees connected with committal in relation to council tax.
An impact assessment has been prepared in relation to these Regulations. It has been placed in the library of each House of Parliament and copies may be obtained from Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU (Telephone 0303 444 3609). The impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).