The Council Tax Reduction Schemes (Miscellaneous Amendments) (Wales) Regulations 2014

Welsh Statutory Instruments

2014 No. 825 (W. 83)

Council Tax, Wales

The Council Tax Reduction Schemes (Miscellaneous Amendments) (Wales) Regulations 2014

Made

25 March 2014

Coming into force in accordance with with regulation 1

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon them by sections 13A(4), 14A, 14B, 14C, 14D and 113(1) and (2) of, and paragraph 6 of Schedule 1B to, the Local Government Finance Act 1992(1).

In accordance with sections 13A(8) and 14D(3) of that Act, a draft of this instrument has been laid before and approved by a resolution of the National Assembly for Wales.

Title, commencement and application

1.—(1) The title of these Regulations is the Council Tax Reduction Schemes (Miscellaneous Amendments) (Wales) Regulations 2014 and they come into force on the day after the day on which they are made.

(2) These Regulations apply in relation to Wales.

Amendment to the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (Wales) Regulations 2013

2.—(1) The Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (Wales) Regulations 2013(2) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “the Default Scheme”, for “Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2012(3)” substitute “Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013(4)”; and

(b) in the definition of “the Prescribed Requirements Regulations”, for “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012(5)” substitute “Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013(6)”.

Saving Provision

3.  Regulation 2 of these Regulations does not have effect in relation to any applications made or reductions awarded in accordance with the provisions of a scheme made by a billing authority in accordance with the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012 or which applies in default on 1 April 2013 in accordance with paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992.

Amendment to the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013

4.—(1) The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 are amended as follows.

(2) In regulation 2(1) (interpretation), in the Welsh text, in paragraph (c) of the definition of “ysbyty annibynnol” for “gwasanaeth gofal iechyd” substitute “ysbyty”.

Amendment to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013

5.—(1) The scheme set out in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013 is amended as follows.

(2) In paragraph 2(1) (interpretation), in the Welsh text, in paragraph (c) of the definition of “ysbyty annibynnol” for “gwasanaeth gofal iechyd” substitute “ysbyty”.

Lesley Griffiths

Minister for Local Government and Government Business, one of the Welsh Ministers

25 March 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (Wales) Regulations 2013 (“the 2013 Regulations”), the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 and the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013.

The 2013 Regulations made provision for the creation of offences and for powers to require information and to impose penalties in connection with council tax reduction schemes made under the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012 and default schemes applicable on 1 April 2013 in accordance with paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992.

Regulation 2 of these Regulations amends the 2013 Regulations so that the offences created and the powers to require information and impose penalties relate to schemes made under the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 or which apply in default on 1 April 2014 in accordance with paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992.

Regulation 3 provides that the 2013 Regulations will continue to have effect in relation to any applications made or reductions awarded in accordance with schemes made under the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2012 or which apply in default on 1 April 2013 in accordance with paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992.

Regulations 4 and 5 amend the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 and Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013. They amend the Welsh text of those Regulations by amending the definition of an independent hospital in Scotland to ensure consistency with the English text.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. A Regulatory Impact Assessment has not been prepared for these Regulations as they simply make technical amendments to update the 2013 Regulations and have no major policy impact.

(1)

1992 c. 14; section 13A was substituted by section 10(1) of the Local Government Finance Act 2012 (c. 17) and sections 14A, 14B, 14C and 14D were inserted by section 14 of that Act; subsection (2) of section 113 was amended by paragraphs 40 and 52 of Schedule 7 to the Local Government Act 2003 (c. 26), and section 80 of the Localism Act 2011 (c. 20); Schedule 1B was inserted by Schedule 4 to the Local Government Finance Act 2012.

(2)

S.I. 2013/588 (W. 67).

(3)

S.I. 2012/3145 (W. 317).

(4)

S.I. 2013/3035 (W. 303).

(5)

S.I. 2012/3144 (W. 316).

(6)

S.I. 2013/3029 (W. 301).