Statutory Instrument 1991 No. 242

The Community Charges and Non-Domestic Rating (Miscellaneous Provisions) (England) Regulations 1991

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© Crown Copyright 1991

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1991 No. 242

COMMUNITY CHARGES, ENGLAND AND WALES

RATING AND VALUATION

The Community Charges and Non-Domestic Rating (Miscellaneous Provisions) (England) Regulations 1991

The Secretary of State for the Environment, in exercise of the powers conferred on him by section 143(1) of, and paragraphs 1 and 2 of Schedule 2 and paragraphs 1 and 2 of Schedule 9 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 extent
    1.—(1)  These Regulations may be cited as the Community Charges and Non-Domestic Rating (Miscellaneous Provisions) (England) Regulations 1991 and shall come into force on 18th February 1991.

    (2)  These Regulations extend only to England.

Interpretation
    2.    In these Regulations "boundary order" means an order made under Part IV of the Local Government Act 1972^[2].

Application of Regulations
    3.—(1)  Paragraph (1) of regulation 4 applies where a boundary order provides for the transfer, on the first day of the chargeable financial year beginning on 1st April 1991 or any later year, of an area from the area of one charging authority to that of another charging authority.

    (2)  Paragraph (2) of regulation 4 applies where a boundary order provides for the creation of a parish on the first day of the chargeable financial year beginning on 1st April 1991 or any later year.

Modification of Regulations
    4.—(1)  In a case to which this paragraph applies, the provisions specified in column 1 of the Schedule hereto shall have effect, as respects the period beginning on the day on which these Regulations come into force or, if later, the day after that on which the relevant boundary order is made, and ending immediately before the day on which the transfer for which the order provides takes effect, with the modifications specified in relation to those provisions in column 2.

    (2)  In a case to which this paragraph applies, for the purposes of Parts II and III of Schedule 1 and Schedule 3 to the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1991^[3] references to the precept of a parish council or chairman of a parish meeting, however expressed, shall be treated-


(a)  in relation to an area which is a new parish for the purposes of the Local Government Finance (Miscellaneous Provisions) (England) Order 1991^[4]; and


(b)  as respects the period beginning on the day on which these Regulations come into force or, if later, the day after that on which the relevant boundary order is made, and ending immediately before the day on which a precept for the relevant year is issued as respects that parish,
as including references to the amount specified in relation to the parish in question in the relevant boundary order; and paragraph 4 of Part III of Schedule 1 to those Regulations shall be construed accordingly.

Michael Heseltine

Secretary of State for the Environment

15th February 1991

[1] 1988 c. 41. back

[2] 1972 c. 70. back

[3] S.I. 1991/148. back

[4] S.I. 1991/241. back

Explanatory Note