Statutory Instrument 1991 No. 979

The Community Charges (Notices) (Substitute Charges) (England) Regulations 1991

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© Crown Copyright 1991

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1991 No. 979

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

The Community Charges (Notices) (Substitute Charges) (England) Regulations 1991

The Secretary of State, 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)(1) to (m), 3 and 21(a) of Schedule 2 and paragraph 6 of Schedule 3 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 (Notices) (Substitute Charges) (England) Regulations 1991 and shall come into force on 16th April 1991.

    (2)  In these Regulations "the 1991 Regulations" means the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1991^[3]; expressions used in these Regulations which are also used in the 1991 Regulations have the same meaning as in those Regulations.

Application of Regulations
    2.—(1)  These Regulations apply in relation to -
 (a) community charge demand notices issued by an English charging authority with respect to the financial year beginning on 1st April 1991 after the setting by it of a substitute amount; and
 (b) substitution notices given by an English charging authority.

    (2)  Subject to the provisions of section 1(5) of the Community Charges (General Reduction) Act 1991, these Regulations do not affect the validity of a community charge demand notice issued before the coming into force of these Regulations.

Form and content of substitution notices, information, etc.
    3.—(1)  A substitution notice shall, subject to the modifications and adaptations of the 1991 Regulations specified in Schedule 1 hereto, 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 a substitution notice, it shall supply with it the information specified in Schedule 2 hereto.

Amendment of the 1991 Regulations
    4.—(1)  Regulation 1(2) of the 1991 Regulations is amended by the insertion -
 (a) after the definition of "the Act", of the following definition -
""the 1989 Regulations" means the Community Charges (Administration and Enforcement) Regulations 1989;" ;

^[4]


and
 (b) after the definition of "specific grants", of the following definitions -
""substitute amount" means an amount set by an authority in respect of its community charges for the financial year beginning on 1st April 1991 under section 35 of the Act^[5] 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;

  "substitution notice" means a notice given under regulation 26(2) of, or paragraph 7(2)(b) of Schedule 1^[6] or paragraph 4(2) of Schedule 2 to, the 1989 Regulations to a person in respect of his liability to pay an amount under a community charge demand notice in respect of the financial year beginning on 1st April 1991, and which is so given -
(a) solely in consequence of the setting of a substitute amount; or

(b) solely in consequence of the setting of a substitute amount and such substitution as is mentioned in sub-paragraph (b)(i) in the definition of "adjustment notice" in this paragraph or such substitution and alteration as are mentioned in sub-paragraph (b)(ii) of that definition,

and a notice is given -
(i) solely in consequence of the matter referred to in sub-paragraph (a) notwithstanding that a consequential alteration falls to be made to the amount described in paragraph 11 of Part II of Schedule 1 to these Regulations or a consequential adjustment falls to be made to the amount described in paragraph 12 or 13 of that Part; or

(ii) solely in consequence of the matters referred to in sub-paragraph (b) notwithstanding that a consequential adjustment falls to be made to the amount described in the said paragraph 12 or 13;


  "the Substitute Charges Regulations" means the Community Charges (Notices) (Substitute Charges) (England) Regulations 1991" .


    (2)  Regulation 3 of the 1991 Regulations^[7]is amended -
 (a) in paragraph (1), by the substitution for the words "A community charge" of the words "Subject to paragraph (1A), a community charge"; and
 (b) by the insertion after paragraph (1) of the following paragraph -
"  (1A)  Paragraph (1) applies in relation to community charge demand notices issued as mentioned in regulation 2(a) of the Substitute Charges Regulations with the modifications specified in paragraph 1 of Schedule 1 to those Regulations." .


    (3)  Regulation 4 of the 1991 Regulations^[8]is amended -
 (a) in paragraph (1), by the insertion at the end of sub-paragraph (a) of the words "or a substitution notice is invalid because it does not comply with regulation 3(1) of the Substitute Charges Regulations"; and
 (b) in paragraph (2), by the substitution for the words "regulation 3" of the words "regulation 3 of these Regulations or, as the case may be, regulation 3(1) of the Substitute Charges Regulations".

    (4)  Regulation 5(1) of the 1991 Regulations is amended by the insertion after the words "regulation 3" of the words "of these Regulations or their duty under regulation 3 of the Substitute Charges Regulations to have matters contained in a substitution notice and to supply information with such a notice".

    (5)  Part I of Schedule 1 to the 1991 Regulations is amended -
 (a) in Forms A, B, C and D, under the heading "Reminder", by the insertion after the words "earlier demand notice" of the words "or adjustment notice";and
 (b) in form D, in the paragraph preceeding the paragraph headed "Reminder"^[9], by the insertion -
 (i) after the words "adjustment notice", of the words "or a substitution notice";
 (ii) after the words "being an amount", of the words "previously set or, being an amount"; and
 (iii) after the words "Act 1991,", of the words "having effect as if so set,".

Michael Heseltine

One of Her Majesty's Principal Secretaries of State

15th April 1991

[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] 1991 c. 9. back

[3] S.I. 1991/148, amended by S.I. 1991/842. back

[4] S.I. 1989/438; relevant amending instruments are S.I. 1989/2274, 1990/402, 1990/711, 1990/1426 and 1991/841. back

[5] Section 35 was amended by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 17. back

[6] Paragraph 7(2) was amended by S.I. 1990/1426. back

[7] Regulation 3 was amended by S.I. 1991/842, regulation 3(3) to (6). back

[8] Regulation 4 was amended by S.I. 1991/842, regulation 3(7). back

[9] The paragraph into which words are inserted was inserted by S.I. 1991/842, regulation 3(12). back

Explanatory Note