Statutory Instrument 1990 No. 942

The Community Charges (Notices) (Substitute Charges) (England) Regulations 1990

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© Crown Copyright 1990

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1990 No. 942

COMMUNITY CHARGES, ENGLAND AND WALES LOCAL GOVERNMENT, ENGLAND AND WALES

The Community Charges (Notices) (Substitute Charges) (England) Regulations 1990

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 73(2) and (2A), 143(1) and 146(6) of, and paragraphs 1, 2(2)(l) to (m), 3 and 21(a) of Schedule 2 and paragraph 6 of Schedule 3 to, the Local Government Finance Act 1988^[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.    —(1)  These Regulations may be cited as the Community Charges (Notices) (Substitute Charges) (England) Regulations 1990 and shall come into force on 25th April 1990.

    (2)  In these Regulations-

"adjustment notice" means a notice-
 (a) which is given under regulation 26(2) of, or paragraph 7(2) of Schedule 1 or paragraph 4(2) of Schedule 2 to, the 1989 Regulations by an English charging authority to a person in respect of his liability to pay an amount under a community charge demand notice, and
 (b) which is so given solely in consequence of the authority setting an amount in substitution under section 35 of the Act^[2] as a result of the making by the authority of a substitute calculation or of the issue to it of a substitute precept pursuant to section 107(1) or (2) of the Act;


"the substitute amount" in relation to an adjustment notice means the amount so set;


"the 1989 Regulations" means the Community Charges (Administration and Enforcement) Regulations 1989^[3];


"the 1990 Regulations" means the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1990^[4];

and expressions used in these Regulations which are also used in the 1990 Regulations have the same meaning as in those Regulations.

Form and content of adjustment notices, information, etc
    2.—(1)  An adjustment notice shall, subject to the modifications and adaptations of the 1990 Regulations specified in Schedule 1 below, be in the form in which it would be, and contain the matters which it would contain, if it were a community charge demand notice.

    (2)  When an English charging authority serves an adjustment notice, it shall supply with it the information specified in Schedule 2 below.

Amendment of the 1990 Regulations
    3.—(1)  Regulation 3 of the 1990 Regulations shall be amended, in paragraphs (1) and (2), by substituting for "regulation 2(1)" the words "regulation 2(1) of these Regulations or, as the case may be, regulation 2(1) of the Community Charges (Notices) (Substitute Charges) (England) Regulations 1990".

    (2)  Regulation 4(1) of the 1990 Regulations^[5] shall be amended by inserting after "a rate demand notice" the words "or the duty under regulation 2 of the Community Charges (Notices) (Substitute Charges) (England) Regulations 1990 to have matters contained in an adjustment notice within the meaning of those Regulations issued by it in relation to a chargeable financial year, and to supply information with such a notice".

Chris Patten

Secretary of State for the Environment

24th April 1990

[1] 1988 c. 41; relevant amendments were made by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraphs 11 and 52 and by S.I. 1989/438, regulation 60, as amended by S.I. 1989/2274, regulation 8. back

[2] Section 35 was amended by the Local Government and Housing Act 1989, Schedule 5, paragraph 17. back

[3] S.I. 1989/438. back

[4] S.I. 1990/156. back

[5] Regulation 4 was amended by S.I. 1990/366. back

Explanatory Note