Office of Public Sector Information
SCHEDULE 12 continued PART II continued
22 (1) Section 13 of that Act (community charges register) shall be amended as follows.
(2) In subsection (1) for paragraphs (a), (b) and (c) there shall be substituted the following paragraphs—
“(a) the name of every person liable to pay any of the community charges in the registration area;
(b) in the case of a person liable to pay the personal community charge, the address of his sole or main residence;
(c) in the case of a person liable to pay the standard or collective community charge, his address and the address of the premises in the registration area in respect of which that charge is payable;
(cc) in the case of premises in respect of which the collective community charge is payable, the collective community charge multiplier determined for the time being in respect of those premises;”.
(3) In paragraph (e) of that subsection for the word “these” there shall be substituted the word “the”.
23 In section 14(2) of that Act (notice of registration)—
(a) for the words “person whose name is entered in the register” there shall be substituted the words “registered person”;
(b) for the words “a notice” there shall be substituted the words “such notice”;
(c) at the end of paragraph (b) the word “and” shall be omitted; and
(d) after paragraph (c) there shall be added the following paragraphs—
“(d) his right to apply to the registration officer under section 20A(3) of this Act for a determination that the entry relating to him be a special entry within the meaning of that section;
(e) such other matters as may be prescribed”.
24 (1) Section 15 of that Act (amendment of community charges register) shall be amended as follows.
(2) In subsection (3)—
(a) after the word “entry” where it second occurs there shall be inserted the words “including a note of the date upon which the record is made”; and
(b) for the words “the date on which it was made” there shall be substituted the words “that date”.
(3) For subsection (4) there shall be substituted the following subsection—
“(4) The provisions of section 20 of this Act relating to the inspection of the register and the obtaining of copies of entries in the register (including such provisions as are prescribed under that section) shall apply, subject to such modifications as may be prescribed, to the inspection or obtaining of copies of a record made under subsection (3) above as they apply to the inspection of or obtaining copies of entries in the register.”
(4) In subsection (5)—
(a) for the words “any amendment to the register which might affect that person, but” there shall be substituted the words “or amending any entry in the register which might affect that person, but, except in the case of an amendment such as is mentioned in subsection (6) below,”;
(b) for paragraphs (a) and (b) there shall be substituted the following paragraphs—
“(a) a copy of the entry or (as the case may be) the entry as amended; or
(b) where the amendment consists of the deletion of an entry, notification of such deletion”;
(c) for paragraph (i) there shall be substituted the following paragraph—
“(i) the effect of the entry or (as the case may be) of the amendment to the entry in the register;”.
(d) at the end there shall be added the following paragraph—
“(iv) in the case of a new entry, or an amendment of an entry which consists in whole or in part in a change of the address of the sole or main residence of the registered person, his right to apply to the registration officer under section 20A(3) of this Act for a determination that the entry relating to him be a special entry within the meaning of that section”.
(5) After subsection (5) there shall be inserted the following subsections—
“(6) Where an amendment requires to be made to an entry in the register in consequence of the death of a registered person, the registration officer shall send to the executors of the deceased notice of the fact that he has, with effect from the date of the deceased’s death, deleted the entry in the register relating to the deceased.
(7) Except where the context otherwise requires, any reference in this Act to the amendment of the register or of any entry in the register shall include a reference to the deletion of such an entry.”
25 (1) Section 16 of that Act (registration appeals) shall be amended as follows.
(2) In subsection (1) for the words “A person who is registered in the register as being liable to pay any of the community charges” there shall be substituted the words “A registered person”.
(3) In paragraph (a) of that subsection for the words “in respect of his liability to pay any of the community charges” there shall be substituted the words “in relation to him”.
(4) In paragraph (b) of that subsection for the word “any” where it first occurs there shall be substituted the word “the”.
26 In section 17 of that Act (duties in relation to registration) in subsection (6) after the words ““responsible person”” there shall be inserted the words “in relation to any premises”.
27 In section 18 of that Act (obtaining of information from individuals) after subsection (2) there shall be inserted the following subsection—
“(2A) Where a registered person dies his executors shall notify the registration officer of the date of the person’s death—
(a) in the case of executors nominate, not later than one month after that date;
(b) in the case of executors dative, not later than one month after the date of their appointment.”
28 After the said section 18 there shall be inserted the following section—
(1) The registration officer may require any person whom he reasonably believes is, has been or is about to be resident in the registration area to supply to him such information—
(a) as the registration officer may reasonably require for the purposes of the exercise of his functions under this Act; and
(b) as is in the possession or control of such person.
(2) A person required to supply any information in pursuance of subsection (1) above shall supply the information within such period, not being less than 21 days, as the registration officer may require.
(3) Subsections (10) to (12) of section 17 of this Act shall have effect for the purposes of this section as they have for the purposes of that section; and for the purposes of this section any reference in those subsections—
(a) to a responsible person shall be construed as a reference to a person required to supply information under subsection (1) above;
(b) to the prescribed period shall be construed as a reference to the period mentioned in subsection (2) above; and
(c) to a requirement under subsection (5) shall be construed as a reference to a requirement under subsection (1) above.”
29 (1) Section 20 of that Act (inspection of register) shall be amended as follows.
(2) In paragraph (a) of subsection (2)—
(a) at the beginning of the paragraph there shall be inserted the words “subject to section 20A of this Act and with effect from the prescribed date”; and
(b) for sub-paragraphs (i), (ii) and (iii) there shall be substituted the following paragraphs—
“(i) the addresses of premises in the registration area;
(ii) the name of any person appearing in an entry relating to such premises (but not so as to enable him to ascertain whether that person resides at the address of such premises); and
(iii) the collective community charge multiplier determined for the time being in relation to any premises (other than premises of such class or classes as may be prescribed) in respect of which a collective community charge is payable.
Provided that no new entry, or amendment of an entry which consists in whole or in part in a change of the address of the sole or main residence of a registered person, shall be available for inspection under this paragraph until after the end of a period of 28 days starting with the date of the notice relating to the entry under section 15(5) of this Act.”
(3) In paragraph (c) of that subsection at the end there shall be added the words “other than any entry which is a special entry within the meaning of section 20A of this Act”.
(4) After paragraph (c) of that subsection there shall be inserted the following paragraph—
“(d) any such other person as may be prescribed shall be entitled to inspect the register to such extent and for such purposes as may be prescribed.”
(5) After subsection (3) there shall be inserted the following subsections—
“(3A) Without prejudice to subsection (3) above, the register shall be available for inspection to the extent permitted by subsections (1) and (2) above in such circumstances, subject to such restrictions and in such other places in the registration area as may be prescribed.
(3B) In relation to as much of the register as is kept otherwise than in documentary form, a right of inspection conferred by this section is a right to inspect the information in the register in legible form.”
(6) For subsections (4) and (5) there shall be substituted the following subsections—
“(4) The Secretary of State may, by regulations, require the registration officer to make such extracts of the register as may be prescribed, containing the information which is available at the date on which the extract is made for inspection by members of the public under subsection (2)(a) above.
(5) Regulations made under subsection (4) above may prescribe—
(a) such date or dates in each financial year on which an extract is to be made;
(b) such requirements as to publication of the effect of such regulations as the Secretary of State thinks fit; and
(c) that the regional or islands council shall make the extract available for inspection by members of the public to such extent and at such times and places as may be prescribed.”
30 After the said section 20 there shall be inserted the following section—
(1) Where this section applies to a registered person the registration officer shall, as soon as it is reasonably practicable for him to do so, exclude from the right of inspection by a member of the public under section 20(2)(a) of this Act the entry in the register relating to that person, and in this section such an entry is referred to as a “special entry”.
(2) This section applies to any registered person—
(a) who has made an application under subsection (3) below and whose application has not been finally determined;
(b) in respect of whom the registration officer, or the sheriff on an appeal under subsection (6) below, has determined that the entry relating to him should be a special entry,
until, in a case to which paragraph (a) applies, on the final determination of the application it is refused or, in a case to which paragraph (b) applies, the determination that the entry be a special entry is revoked or, in any case, the registered person notifies the registration officer that he no longer desires that the entry relating to him be a special entry.
(3) Any registered person who falls within such class or classes of person as the Secretary of State may prescribe may make an application to the registration officer for a determination that the entry relating to that person be a special entry.
(4) An application under subsection (3) above—
(a) shall state the reasons why it is desired that the entry be a special entry;
(b) shall be accompanied by any relevant documents or evidence;
(c) shall be dealt with by the registration officer in such manner and within such period as may be prescribed,
and no such application shall be made after an application which has been refused until the end of such period as may be prescribed without the prior approval of the registration officer.
(5) If the registration officer is satisfied that the person making the application falls within subsection (3) above he shall grant the application and determine that the entry relating to that person be a special entry.
(6) If the registration officer refuses an application the person making the application may appeal against the refusal to the sheriff of any sheriffdom which wholly or partly falls within the registration area; and the sheriff may determine that the entry be a special entry or may refuse the application.
(7) Where it appears to the registration officer that a person to whom a special entry relates has ceased to fall within subsection (3) above he shall, subject to subsection (8) below, revoke the determination that the entry be a special entry.
(8) Where it appears to the registration officer as mentioned in subsection (7) above, he shall notify the person to whom the entry relates that he is required to revoke the determination, and the person—
(a) may apply to the registration officer in such manner and within such period as may be prescribed not to revoke the determination and the registration officer shall determine the application in such manner and within such period as may be prescribed; and
(b) may appeal against a determination by the registration officer under paragraph (a) above to the sheriff of any sheriffdom which wholly or partly falls within the registration area.
(9) Subject to subsection (10) below, rules of court may provide for the procedure to be followed in any proceedings in the Court of Session or before the sheriff arising from this section.
(10) An appeal under subsection (6) or (8)(b) above and any appeal under section 29(2) of this Act against a decision of the sheriff under this section shall be heard and determined in private unless the sheriff or, as the case may be, the Court of Session otherwise directs.
(11) For the purposes of this section an application is finally determined if it has been refused by the registration officer and—
(a) the time limit for appealing against the refusal has expired without an appeal having been made; or
(b) where an appeal is made all proceedings arising from the appeal (including any proceedings on an appeal under section 29(2) of this Act) have been concluded.”
31 After section 20A there shall be inserted the following section—
(1) Regulations under this section may prescribe that the Secretary of State may, notwithstanding any duty of confidentiality, supply relevant information to the registration officer.
(2) For the purposes of this section, information is relevant information if—
(a) it was obtained by the Secretary of State in exercising his functions under the Social Security Act 1986;
(b) the Secretary of State believes it would be useful to the registration officer in exercising his functions under this Act; and
(c) it falls within a prescribed description.”
32 (1) Section 24 of that Act (duty to provide for rebates from community charges) shall be amended as follows.
(2) In paragraph (a)—
(i) for the words “local authorities” there shall be substituted the words “levying authorities”; and
(ii) for the words from “community charges” to “this Act)” there shall be substituted the words “personal community charges and collective community charge contributions”.
(3) In paragraph (b) for the words “local authority in respect of each year” there shall be substituted the words “levying authority”.
(4) That section as so amended shall be subsection (1) and there shall be added the following subsection—
“(2) This section shall have effect only in respect of the financial year 1989–90.”.
33 In section 26(1) of that Act (interpretation)—
(a) after the definition of “net annual value” there shall be inserted the following—
““new entry” in relation to the register, means the making of an entry in respect of a person’s liability for a community charge, there having been no such entry in the register in respect of that liability immediately before its making”; and
(b) after the definition of “register” there shall be inserted the following—
““registered person” means a person who is registered in the register as being liable to pay any of the community charges, and cognate expressions shall be construed accordingly;”.
34 In section 30 of that Act (Crown application) in subsection (3) for the words “this subsection does not render the Crown liable to these charges” there shall be substituted the words “where, in relation to any premises, the Crown would, but for this subsection, be liable to pay any such charge, the charge shall not be payable in respect of the premises”.
35 After Schedule 1 to that Act there shall be inserted the following Schedule—
1 (1) A person is exempt if—
(a) he is detained in a prison, a hospital or any other place by virtue of an order of a court to which sub-paragraph (2) below applies;
(b) he is detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (deportation);
(c) he is detained under Part V or section 69, 70, 71 or 118 of the Mental Health (Scotland) Act 1984; or
(d) he is detained under a warrant issued under the Repatriation of Prisoners Act 1984.
(2) This sub-paragraph applies to the following courts—
(a) a court in the United Kingdom; and
(b) a Standing Civilian Court established under the Armed Forces Act 1976.
(3) If a person is temporarily discharged under section 22 of the Prisons (Scotland) Act 1952, or temporarily released under rules under section 35(6) of that Act, for the purposes of sub-paragraph (1) above he shall be treated as detained.
(4) Sub-paragraph (1) above does not apply where the person is detained only under section 407 of the Criminal Procedure (Scotland) Act 1975, for non-payment of a fine.
(5) In sub-paragraph (1) above, “order” includes a sentence, direction, warrant or other means of giving effect to the decision of the court concerned.
(6) The Secretary of State may by regulations provide that a person is exempt if—
(a) he is imprisoned, detained or in custody under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957; and
(b) such conditions as may be prescribed are fulfilled.
2 (1) A person is exempt if he has a relevant association with a visiting force.
(2) A visiting force, in relation to any particular time, is any body, contingent or detachment of the forces of a country to which any provision in Part I of the Visiting Forces Act 1952 applies at that time.
(3) A person has, at any particular time, a relevant association with a visiting force if he has at that time such an association within the meaning of that Part.
3 (1) A person is exempt if he is a member of a headquarters or a dependant of such a member.
(2) A headquarters, in relation to any particular time, is a headquarters or organisation designated at that time by an Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964.
(3) A person is, at any particular time, a member of a headquarters if he is at that time such a member within the meaning of the Schedule to that Act.
(4) A person is, at any particular time, a dependant of such a member if he is at that time such a dependant within the meaning of that Schedule.
4 (1) A person is exempt if—
(a) he fulfils one or more of the conditions mentioned in sub-paragraph (2) below;
(b) he is severely mentally impaired; and
(c) he is stated to be severely mentally impaired in a certificate of a registered medical practitioner.
(2) The conditions are that—
(a) he is entitled to an invalidity pension under section 15 of the Social Security Act 1975;
(b) he is entitled to a severe disablement allowance under section 36 of that Act;
(c) he is of pensionable age within the meaning given by section 27 of that Act.
(3) A person is severely mentally impaired if he is suffering from—
(a) a state of arrested or incomplete development of mind which involves severe impairment of intelligence and social functioning; or
(b) an injury to the brain causing severe impairment of intelligence and social functioning which appears to be permanent.
(4) The Secretary of State may by regulations amend sub-paragraph (2) above as it has effect for the time being (whether by adding, deleting or amending conditions, or by any combination of those methods).
(5) The Secretary of State may by regulations substitute another definition for the definition of severe mental impairment for the time being effective for the purpose of this paragraph.
5 A person is exempt if another person is entitled to child benefit in respect of him.
6 (1) A person is exempt if he is undertaking a full-time course of education and he is resident during term time in England, Wales or Northern Ireland for the purpose of undertaking the course.
(2) Regulations made under this paragraph—
(a) shall make provision for the purpose of determining for the purposes of this paragraph whether a person is undertaking a full-time course of education; and
(b) shall prescribe the meaning of “term time” for the purposes of this paragraph.
7 (1) A person is exempt if—
(a) he is a member of a relevant religious community; and
(b) he has no income or capital of his own and is dependent on the community concerned for his material needs.
(2) A relevant religious community is a religious community whose principal occupation—
(a) is prayer, contemplation, the relief of suffering, education, or any prescribed occupation; or
(b) consists of two or more of the occupations mentioned in paragraph (a) above.
(3) A prescribed occupation is such occupation as may for the time being be prescribed for the purposes of this paragraph.
(4) In construing sub-paragraph (1)(b) above, income by way of pension in respect of a former employment is to be ignored.
8 (1) A person is exempt if he is a patient who is solely or mainly resident in a hospital.
(2) “Hospital” means a health service hospital within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978.
(3) The Secretary of State may by regulations substitute another definition for the definition of hospital for the time being effective for the purposes of this paragraph.
9 (1) A person is exempt if—
(a) he is solely or mainly resident in a residential care home, nursing home, private hospital or hostel; and
(b) he is receiving care or treatment (or both) there.
(2) A residential care home is—
(a) a residential establishment provided and maintained by a local authority in respect of the functions under section 27 of the National Health Service (Scotland) Act 1947 transferred to them by section 1(4)(c) of the Social Work (Scotland) Act 1968; or
(b) a residential establishment to which Part IV of the said Act of 1968 applies; or
(c) residential accommodation provided and maintained by a local authority under section 7 of the Mental Health (Scotland) Act 1984,
where the sole or main function of the establishment or accommodation is to provide personal care or support, combined with board, to persons who are solely or mainly resident in the establishment or accommodation.
(3) A nursing home is—
(a) a nursing home within the meaning of section 10(2) of the Nursing Homes Registration (Scotland) Act 1938 in respect of which a person is registered; or
(b) any premises in respect of which an exemption has been granted under section 6 or 7 of that Act.
(4) A private hospital is a private hospital within the meaning of section 12 of the Mental Health (Scotland) Act 1984 which is registered under that Act.
(5) A hostel is an establishment in which residential accommodation is provided and which is—
(a) managed by a housing association registered for the time being in a register maintained under section 3 of the Housing Associations Act 1985; or
(b) operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a Government department or agency or a local authority; or
(c) managed by a voluntary organisation,
where the sole or main function of the establishment is to provide personal care or support, combined with board, to persons who are solely or mainly resident in the establishment.
(6) The Secretary of State may by regulations made under this paragraph substitute another definition for any definition of a residential care home, nursing home, private hospital or hostel for the time being effective for the purpose of this paragraph.
(7) In this paragraph—
“personal care” includes the provision of appropriate help with physical and social needs;
“support” means counselling or other help provided as part of a planned programme of care; and
“voluntary organisation” has the meaning given by section 94(1) of the Social Work (Scotland) Act 1968.
10 (1) A person is exempt if—
(a) he is employed to provide care or support (or both) to another person or other persons; and
(b) such conditions as may be prescribed are fulfilled.
(2) Without prejudice to the generality of sub-paragraph (1)(b) above the conditions may—
(a) require the person’s employer to be a charity or fulfil some other description;
(b) relate to the period for which he is employed or other factors concerning his employment;
(c) require his income for a prescribed period not to exceed a prescribed amount;
(d) require his capital not to exceed a prescribed amount;
(e) require him to be resident in prescribed premises;
(f) require him not to exceed a prescribed age; and
(g) require the other person or persons to fulfill a prescribed description (whether relating to age, disablement or otherwise).
11 (1) A person is exempt if he is solely or mainly resident in Crown land which is designated under this paragraph.
(2) The Secretary of State may designate land under this paragraph if at the time of designation the first and second conditions are fulfilled.
(3) The first condition is that it is land in which there is any interest belonging to Her Majesty in right of the Crown or to a Government department or to a Minister of the Crown or held on behalf of Her Majesty for the purposes of a Government department.
(4) The second condition is that in the Secretary of State’s opinion the land is used wholly or mainly as the sole or main residence of individuals, and in his opinion most or all of them—
(a) reside there for short periods; or
(b) should in the interests of national security not be registered as subject to a personal community charge.
(5) The Secretary of State—
(a) at any time may, and
(b) if the first or second condition ceases to be fulfilled shall,
revoke a designation under this paragraph.
(6) A designation under this paragraph shall take effect at the beginning of the day following that on which it was made, and shall cease to have effect at the end of the day (if any) on which it is revoked.
Local Government Finance Act 1988