Statutory Instrument 1991 No. 843

The Community Charges and Non-Domestic Rating (Demand Notices) (City of London) (Amendment) Regulations 1991

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1991 No. 843

COMMUNITY CHARGES, ENGLAND AND WALES

RATING AND VALUATION

LOCAL GOVERNMENT, ENGLAND AND WALES

The Community Charges and Non-Domestic Rating (Demand Notices) (City of London) (Amendment) Regulations 1991

The Secretary of State, in exercise of the powers conferred on him by sections 143(1) and 146(6) of, and paragraphs 1, 2(2)(la) and (m), 3 and 21(a) of Schedule 2, paragraph 6 of Schedule 3, and paragraph 2(2)(h) of Schedule 9 to, the Local Government Finance Act 1988^[1] , section 1(6) of the Community Charges (General Reduction) Act 1991^[2] 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 and Non- Domestic Rating (Demand Notices) (City of London) (Amendment) Regulations 1991 and shall come into force on 29th March 1991.

    (2)  In these Regulations"the 1991 Regulations" means the Community Charges and Non-Domestic Rating (Demand Notices) (City of London) Regulations 1991^[3] .

Amendment of the 1991 Regulations
    2.—(1)  The 1991 Regulations have effect with the amendments specified in the following paragraphs of this regulation.

    (2)  In regulation 1(2), in the definition of"the relevant charge" , there are inserted after the words"section 13A of the Act" a comma and the words"and which has been reduced by virtue of the Community Charges (General Reduction) Act 1991" .

    (3)  In regulation 2, for the words"a financial year beginning on or after 1st April 1991" there are substituted the words"the financial year beginning on 1st April 1991" .

    (4)  In regulation 3, in paragraph (1), the words"Subject to paragraph (2)," and, in paragraph (5), the words"Subject to paragraph (6)," are omitted.

    (5)  In regulation 3, paragraphs (2) and (6) are omitted and after paragraph (5) there is inserted the following paragraph—
"  (5A)  Nothing in the foregoing provisions of this regulation requires a notice to be given on a single sheet of paper, but if more than one sheet is used, the sheets shall be issued together, whether or not attached, so as to comprise one notice." .



    (6)  In Part I of Schedule 1—
 (a) for sub-paragraph (g) of paragraph 1, there is substituted the following—
"(g) the aggregate of—
(i) the amount of the reduction under section 1 of the Community Charges (General Reduction) Act 1991; and

(ii) the amount of any adjustment necessary so that the amount of the relevant charge may be derived from the amounts mentioned in sub- paragraphs (a) to (f) above and paragraph (i) of this sub-paragraph." ;

 (b) in paragraph 7, in the explanatory notes, for the note headed"OTHER ADJUSTMENTS" there is substituted the following note—
"STATUTORY REDUCTION AND ADJUSTMENTS: The charge set by the Common Council has been reduced by £140 under the Community Charges (General Reduction) Act 1991. The Act provides for the Government to make a grant to the Council to compensate it for this. In addition, adjustments are made to take account of the Common Council's estimate of:
— interest payable to or by the Council on certain monies

— changes in income due to movement of people on and off the community charges register

— income from standard community charges

— community charges not collected by the Council." ;

 (c) after paragraph 7 there is inserted the following paragraph—
    "8.    A statement in the following terms—
  "THIS COMMUNITY CHARGE DEMAND TAKES ACCOUNT OF THE PROVISIONS OF THE COMMUNITY CHARGES (GENERAL REDUC- TION) ACT 1991."" .



    (7)  In paragraph 1 of Part II of Schedule 1, for the word and figures"1 to 7" there are substituted the word and figures"1 to 8" .

    (8)  In paragraph 1 of Parts III and IV of Schedule 1, for the word and figures"2 and 7" there are substituted the word and figures"2, 7 and 8" .

    (9)  In paragraph 5 of Part I of Schedule 3—
 (a) in sub-paragraph (c) for the words"paragraph 1(c) to (g)" there are substituted the words"paragraph 1(c) to (f) and (g)(ii)" ; and
 (b) at the end there is inserted the following—
"with an indication, whether as part of the breakdown or expressed by reference to it, that account has been taken of the Community Charges (General Reduction) Act 1991." .

Michael Heseltine

One of Her Majesty's Principal Secretaries of State

28th March 1991

The Community Charges (General Reduction) Act 1991 ("the 1991 Act" ) reduced the amount set by charging authorities for their personal community charges for the financial year beginning 1st April 1991 by £140 (or such lesser amount as would reduce the amount to £0), and at section 1(5) provided for the liability of chargepayers to be suspended until they are served with a demand which is expressed to take account of the provisions of the 1991 Act.

Regulation 2 of these Regulations amends the Community Charges and Non-Domestic Rating (Demand Notices) (City of London) Regulations 1991"the demand notice Regulations" ) which make provision for the content of community charge and rate demand notices issued by the Common Council of the City of London and the information to be supplied with them. The amendments—
(a) limit the application of the demand notice Regulations to notices served in respect of the financial year beginning on 1st April 1991; and

(b) provide for the manner in which account is to be taken of the provisions of the 1991 Act, and make consequential provision.

[1] 1988 c. 41; relevant amendments were made by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraphs 11 and 44 and by S.I. 1989/438, regulation 60, as amended by S.I. 1989/2274, regulation 8. back

[2] 1991 c. 9. back

[3] S.I. 1991/149. back