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

Regulation 3(1)

SCHEDULE 1 MODIFICATIONS AND ADAPTATIONS WITH RESPECT TO FORM AND CONTENTS OF NOTICES

1.—(1) In Forms A, B, C and D, for “The community charge for your area is made up as follows” there shall be substituted—

• “The Government considered that the spending plans of [x] [were excessive] [represented an excessive increase over those for last year] and has capped them. [x] [has] [have] reduced [its] [their] spending plans within the cap. The community charge for your area has been reduced by £[].

• The new community charge for your area, reflecting the new spending plans mentioned above (further details of which are given in the information accompanying this bill), is made up as follows”.

(2) At the places marked “x” in the substitution made pursuant to sub-paragraph (1) above, there shall be inserted the name of the authority or authorities making the substitute calculation or issuing the substitute precept pursuant to section 107(1) or (2) of the Act.

2.  A substitution notice in Form C need not contain a statement of the effect of regulation 3(1)(b) of the Community Charges (Co-owners) Regulations 1990(1) insofar as to do so would repeat such a statement contained in any community charge demand notice issued to the person concerned.

3.  A substitution notice in Form D need not contain a description of the effect of paragraphs 2 and 3 of Schedule 2 to the 1989 Regulations, details of any discounts available or credits brought forward, or a statement of the effect of regulation 3(1)(b) or (j) of the Community Charges (Co-owners) Regulations 1990, insofar as to do so would be repetitive of such matters contained in any community charge demand notice issued to the person concerned.

4.  In this Schedule, references to Form A, B, C or D are references to the form by that name specified in Part I of Schedule 1 to the principal Regulations.

Regulation 3(2)

SCHEDULE 2 INFORMATION TO BE SUPPLIED WITH SUBSTITUTION NOTICES

1.  Subject to paragraphs 2 and 3 below, the information to be supplied pursuant to regulation 3(2) is the information mentioned in paragraphs 1, 3, 4, 5, 9, 10, 11, 13, 14 and 15 of Part I of Schedule 3 to the principal Regulations, construed in accordance with Part III of that Schedule.

2.  Information need not be supplied pursuant to regulation 3(2) if—

(a) it relates to a year other than the 1992 financial year;

(b) it relates to an authority other than an appropriate authority.

3.  For the purposes of paragraph 1 above, references in Schedule 3 to the principal Regulations (and in the definition of “the relevant charge” in regulation 1(2) thereof in its application to Schedule 3) to the community charge demand notice (in whatever manner expressed) shall be treated as references to the substitution notice.

4.  An authority is an appropriate authority for the purposes of paragraph 2(b) above if it is an authority which has issued a precept or made a calculation under section 107(1) of the Act as a result of which the duty to set the substitute amount arose.

(1)

S.I. 1990/146, to which there are amendments not relevant to these Regulations.