Statutory Instrument 1992 No. 448

The Community Charges (Notices) (Substitute Charges) (England) Regulations 1992

---

© Crown Copyright 1992

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Community Charges (Notices) (Substitute Charges) (England) Regulations 1992, ISBN 0110234480>. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1992 No. 448

COMMUNITY CHARGES, ENGLAND AND WALES

LOCAL GOVERNMENT, ENGLAND AND WALES

The Community Charges (Notices) (Substitute Charges) (England) Regulations 1992

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)(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 1992 and shall come into force on 1st April 1992.

    (2)  In these Regulations "the principal Regulations" means the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1992^[2]; and expressions used in these Regulations which are also used in the principal Regulations as amended by these Regulations have the same meanings in these Regulations as in those Regulations.

Application of Regulations
    2.    These Regulations apply in relation to—
 (a) community charge demand notices issued by an English charging authority with respect to the 1992 financial year after the setting by it of a substitute amount; and
 (b) substitution notices given by an English charging authority.

Form and content of substitution notices, information, etc.
    3.—(1)  A substitution notice shall, subject to the modifications and adaptations of the principal 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 principal Regulations
    4.—(1)  Regulation 1(2) of the principal Regulations is amended—
 (a) by the insertion, after the definition of "the Act", of the following definition—
""the 1989 Regulations" means the Community Charges (Administration and Enforcement) Regulations 1989;"

^[3]
 (b) by the substitution, in the definition of "community charge demand notice", of the words "the 1989 Regulations" for the words "the Community Charges (Administration and Enforcement) Regulations 1989"; and
 (c) by the insertion, 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 1992 financial year under section 35 of the Act^[4] 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^[5] 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 1992 financial year, and which is so given solely in consequence of the setting of a substitute amount; and a notice is given solely in consequence of the setting of a substitute amount notwithstanding that a consequential adjustment falls to be made to the amount described in paragraph 11, 12 or 13 of Part II of Schedule 1 to these Regulations;

"the Substitute Charges Regulations" means the Community Charges (Notices) (Substitute Charges) (England) Regulations 1992;"


    (2)  Regulation 3 of the principal Regulations 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 principal Regulations is amended—
 (a) in paragraph (1)—
 (i) 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
 (ii) in sub-paragraph (c), by the substitution for the words "the Community Charges (Administration and Enforcement) Regulations 1989" of the words "the 1989 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 principal 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".

Signed by authority of the Secretary of State

Michael Portillo

Minister of State, Department of the Environment

2nd March 1992

[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] S.I. 1992/208. back

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

[4] Section 35 was amended by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 17 and by the Community Charges (Substitute Setting) Act 1991 (c. 8). back

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

Explanatory Note