Statutory Instrument 1993 No. 774

The Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993

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© Crown Copyright 1993

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1993 No. 774

RATING AND VALUATION

The Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 50, 143(1) and (2) and 146(6) of, and paragraphs 1 and 3(3) of Schedule 9 to, the Local Government Finance Act 1988^[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 and shall come into force on 1st April 1993.

    (2)  In these Regulations, "the principal Regulations" means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989^[2].

Application of Regulations
    2.—(1)  The amendments made by regulation 3(a) do not affect the validity of a rate demand notice issued before 1st April 1993.

    (2)  In paragraph (1), "rate demand notice" means a demand notice within the meaning of Part II of the principal Regulations.

    (3)  The amendments made by regulations 3(b) and (c) and 4 have effect in relation to a levy of, or attempt to levy, distress made on or after 1st April 1993 under regulation 14 of the principal Regulations.

Amendment of the principal Regulations
    3.    The principal Regulations shall be amended—
 (a) in regulation 5 (service of demand notices)—
 (i) in paragraph (2), by the substitution for the words "A demand notice" of the words "Subject to paragraph (3), a demand notice"; and
 (ii) by the insertion, after paragraph (2), of the following paragraph—
"  (3)  A demand notice shall not be served before the authority has set amounts for the relevant year under section 30 of the Local Government Finance Act 1992." ;

^[3]
 (b) in regulation 14 (distress) by the insertion, after paragraph (1), of the following paragraph—
"  (1A)  Without prejudice to paragraph (8) below, no person making a distress shall seize any goods of the debtor of the following description—

  such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family." ; and

 (c) by the substitution for Schedule 3 (charges connected with distress) of the Schedule set out in the Schedule hereto.

Other amendments
    4.    The Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990^[4] shall be amended by the substitution, for paragraph (12) of regulation 4 (joint owners and occupiers: enforcement), of the following paragraph—
"  (12)  Where—
(a) a liability order has been made against more than one person in respect of an amount; and

(b) a charge has arisen as regards one of them under head B of the Table in paragraph 1 of Schedule 3 to the principal Regulations (as substituted by the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1993) in respect of that amount,

no further charge may be aggregated for the purposes of regulation 14(2) of those Regulations under that head or head A of that Table in consequence of any subsequent levy or attempted levy against any of them in respect of that amount; and a charge under head A(i) or charges under that head and head A(ii) against one of them shall be treated for those purposes as a charge or, as the case may be, charges under that head with respect to the others as well as that one." .

Signed by authority of the Secretary of State for the Environment

John Redwood

Minister of State, Department of the Environment

16th March 1993

David Hunt

Secretary of State for Wales

17th March 1993

[1] 1988 c. 41. Paragraph 3 of Schedule 9 was amended by paragraph 87(2) of Schedule 13 to the Local Government Finance Act 1992 (c. 14). back

[2] S.I. 1989/1058, to which there are amendments not relevant to these Regulations. back

[3] 1992 c. 14. back

[4] S.I. 1990/145. back

Explanatory Note