The Community Charges (Administration and Enforcement) (Amendment) Regulations 1995

Statutory Instruments

1995 No. 21

COMMUNITY CHARGES, ENGLAND AND WALES

The Community Charges (Administration and Enforcement) (Amendment) Regulations 1995

Made

8th January 1995

Laid before Parliament

10th January 1995

Coming into force

1st April 1995

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 section 143(1) of, and paragraph 15 of Schedule 2 and paragraph 5 of Schedule 4 to, the Local Government Finance Act 1988(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.

Amendment of Regulations

2.  The Community Charges (Administration and Enforcement) Regulations 1989(2) shall be amended in accordance with the following provisions of these Regulations.

Use of information by charging authority

3.  In regulation 8, the words “or as a constituent council of a police authority”are deleted.

Deductions under attachment of earnings order

4.  In paragraph (1B) of regulation 33, the words from “or by reason of the repayment” to “for any purpose” are deleted.

Signed by authority of the Secretary of State for the Environment

David Curry

Minister of State,

Department of the Environment

6th January 1995

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under-Secretary of State, Welsh Office

8th January 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Community Charges (Administration and Enforcement) Regulations 1989.

Regulation 8 is amended by the deletion of the reference to a constituent council of a police authority because by virtue of the constitution of police authorities as corporate bodies under the Police and Magistrates' Courts Act 1994 (c. 29) no local authority will obtain information in its capacity as such a council, and because no charging authority has had this capacity in relation to a police authority.

Regulation 33 is amended to provide that for the purpose of calculating the sum to be deducted under an attachment of earnings order, the employer shall disregard any deduction from the debtor’s earnings made by reason of the repayment by the debtor of a loan made to him by the employer.

(1)

1988 c. 41.

(2)

S.I. 1989/438; a new paragraph 1B was inserted into regulation 33 by S.I. 1992/219. There are other amendments which are not relevant to these Regulations.