LegalizeThe Council Tax (Exempt Dwellings) (Amendment) (Wales) Order 2019
Made: 4 March 2019
Laid before the National Assembly for Wales: 6 March 2019
Coming into force: 1 April 2019
The Welsh Ministers make the following Order in exercise of the power conferred on the Secretary of State by section 4 of the Local Government Finance Act 1992[^f00001] and now vested in them[^f00002].
Title, commencement and application
1
- (1) The title of this Order is the Council Tax (Exempt Dwellings) (Amendment) (Wales) Order 2019.
- (2) This Order comes into force on 1 April 2019.
- (3) This Order applies in relation to Wales.
Amendments to the Council Tax (Exempt Dwellings) Order 1992
2
- (1) The Council Tax (Exempt Dwellings) Order 1992[^f00003] is amended as follows.
- (2) In article 3, at the end insert—
| Class X: | a dwelling in Wales— which is occupied by one or more care leavers; and where every resident is either a care leaver, a relevant person, or a severely mentally impaired person. For the purposes of paragraph (1)— “care leaver” means a person who is— aged 24 or under; and a category 3 young person as defined by section 104 of the Social Services and Well-being (Wales) Act 2014[^f00004]; “relevant person” has the meaning given by paragraph 2(a) of Class N; and “severely mentally impaired” has the meaning given in paragraph 2 of Schedule 1 to the Act; |
|---|---|
Signed
Rebecca Evans — Minister for Finance and Trefnydd, one of the Welsh Ministers — 4 March 2019
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order amends the Council Tax (Exempt Dwellings Order 1992 (S.I. 1992/558) (“the 1992 Order”).
Council tax is not payable in respect of exempt dwellings (section 4 of the Local Government Finance Act 1992 (c. 14)). Classes of exempt dwellings are prescribed in the 1992 Order.
This Order inserts a new Class X into the 1992 Order. This exempts dwellings in Wales—
- which are occupied by one or more care leavers, and
- where every resident is either a care leaver, a relevant person within the definition in Class N of the 1992 Order (students etc.), or a severely mentally impaired person.
This Order defines the term “care leaver” with reference to a category 3 young person, as defined in the Social Services and Well-being (Wales) Act 2014 (anaw 4).
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.
Footnotes
[^f00001]: 1992 c. 14.
[^f00002]: Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
[^f00003]: S.I. 1992/558; relevant amending instruments are S.I. 1992/2941, 1993/150, 1994/539, 1995/619, 1997/74, 1997/656, 1998/291, 1999/536, 2000/1025 (W. 61), 2004/2921 (W. 260) and 2005/3302 (W. 256).
[^f00004]: 2014 anaw 4.
Editorial notes
[^key-2b2ec8d0d53f0d35aa8655abfb1d4c20]: Art. 1 in force at 1.4.2019, see art. 1(2)
[^key-531351784d5f2a7d497bb7ae90607ebb]: Art. 2 in force at 1.4.2019, see art. 1(2)
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