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

Made: 3rd May 1991

Laid before Parliament: 3rd May 1991

Coming into force: 4th May 1991

The Secretary of State for the Environment, as respects England, andthe Secretary of State for Wales, as respects Wales, in exercise of thepowers conferred upon them by sections 143(1) and 146(6) of, andparagraphs 1 and 2(2)(b) of Schedule 2 and paragraphs 1 and 2(2)(b) ofSchedule 9 to, the Local Government Finance Act 1988[^f00001], 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 Community Chargesand Non-Domestic Rating (Miscellaneous Provisions) Regulations 1991 andshall come into force on 4th May 1991.

• (2) In these Regulations—

• “the Administration and Enforcement Regulations” means the Community Charges (Administration and Enforcement)Regulations 1989[^f00002];

• “the Collection and Enforcement Regulations” means the Non-Domestic Rating (Collection and Enforcement) (LocalLists) Regulations 1989[^f00003]; and

• “demand notice”, in relation to a community charge and a rate, shall be construedin accordance with regulation 13(1) of the Administration andEnforcement Regulations and regulation 3(1) of the Collection andEnforcement Regulations, respectively.

Application of Regulations

2

These Regulations do not apply in relation to any demand notice inrespect of a personal or standard community charge or rate demand noticeissued before the coming into force of these Regulations.

Amendment of Regulations

3

Part I of Schedule 1 to the Administration and EnforcementRegulations and Part I of Schedule 1 to the Collection and EnforcementRegulations are amended—

• (a) in paragraph 1(2) by the insertion after the word“being” of the words“, subject to sub-paragraph (2A),”; and

• (b) by the insertion after sub-paragraph (2) of paragraph 1 of thefollowing sub-paragraph—

(2A) Where the demand notice is issued in May, the number ofinstalments may be 10 or the number ascertained in accordance withsub-paragraph (2), as the charging authority determines.

Signed

Michael Heseltine — Secretary of State for the Environment — 3rd May 1991

David Hunt — Secretary of State for Wales — 3rd May 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations amend, in identical terms, Part I of Schedule 1 tothe Community Charges (Administrationand Enforcement) Regulations1989 and Part I of Schedule 1 to the Non-Domestic Rating (CollectionandEnforcement) (Local Lists) Regulations 1989.

The effect of the amendments made by regulation 3 is to enable a charging authority which issues a demand notice in respect of a personal or standard community charge or a rate demand notice in the month of May in the year to which the notice relates to require the chargepayer or, as the case may be,the ratepayer to pay the estimated amount of his liability for the yearin 10 monthly instalments. These amendments do not apply in relation todemand notices issued before the date on which these Regulations comeinto force.

Footnotes

[^f00001]: 1988 c. 41.

[^f00002]: S.I. 1989/438, to which there are amendments not relevant to these Regulations.

[^f00003]: S.I. 1989/1058, to which there are amendments notrelevant to these Regulations.