Abolition of Domestic Rates Etc. (Scotland) Act 1987 (repealed)

Section 22.

SCHEDULE 3F7 S Reduction of Community Charges

Textual Amendments applied to the whole legislation

F7 Act repealed (prosp.) by Local Government Finance Act 1992 (c. 14), ss. 117(2), 119(2)(e), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3) and subject to a saving for Sch. 2 para. 7A (16.8.1993) by S.I. 1993/1780, art. 2 and subject to amendments (11.6.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 10; S.I. 1996/1509, art. 2, Sch. and (29.11.1999 for specified purposes, otherwise prosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 15; S.I. 1999/3178, art. 2(1)(a)(2) (subject to transitional provisions in Schs. 21-23)

The repeal of the Act by Local Government Finance Act 1992 (c. 14) was brought into force (1.4.1992) as regards Sch. 1 para. 19 by S.I. 1992/818, para. 2(b), Sch.

The repeal of the Act by Local Government Finance Act 1992 (c. 14) was brought into force (1.10.1992) as regards ss. 3A, 9, 10(7A), 11B, 28, Sch. 2 paras. 1(2), 2(1), Sch. 5 paras. 2-5, 9, 10, 14, 15, 17, 18, 19, 21, 25 by S.I. 1992/2183, art. 2(d), Sch. (with savings in art. 3)

The repeal of the Act by Local Government Finance Act 1992 (c. 14) was brought into force (1.4.1993) as regards ss. 1-7, 14, 18(2A), 20(10), 25(1)(3), words in s. 26(1), ss. 26(2), 27, 33, Sch. 1, Sch. 3 paras. 1-4, 5(1), 7, Sch. 5 paras. 1, 6, 12, 13, 16, 19A, 20, 22-24, 26-49 by S.I. 1993/575, art. 2, Sch. (with savings in arts. 4, 5(b))

Parliamentary proceedings for reduction of personal community chargesF7 S

F1 1 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 para. 1: the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards Sch. 3 para. 1 by S.I. 1993/575, art. 2(d),Sch.

Procedure prior to Parliamentary proceedingsF7 S

F2 2 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 3 para. 2: the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards Sch. 3 para. 2 by S.I. 1993/575, art. 2(d),Sch.

Effect of approval of reportF7 S

F3 3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 para. 3: the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards Sch. 3 para. 3 by S.I. 1993/575, art. 2(d),Sch.

Provisions supplementary to paragraphs 1 to 3F7 S

F4 4 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 para. 4; the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards Sch. 3 para. 4 by S.I. 1993/575, art. 2(d),Sch.

Redetermination of personal community chargeF7 S

5 F5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

(2) If a local authority determine a personal community charge under sub-paragraph (1) above—

(a) the amount of that personal community charge and not the amount determined by them under section 9 of this Act shall be the amount of their personal community charge:

(b) the amounts of their standard and collective community charges shall be recalculated accordingly and these amounts, as so recalculated, and not the amounts calculated respectively under sections 10 and 11 of this Act shall be the respective amounts of their standard and collective community charges; and

(c) their community charges shall be levied (and the rights and liabilities of persons liable to those charges shall be construed) accordingly.

(3) Any reference in this Act (except in this paragraph and paragraphs 6 and 7 below) and in any other enactment to such community charge as is determined under section 9 or calculated under section 10 or 11 of this Act shall be construed as including a reference to such community charge as is determined under sub-paragraph (1) above or recalculated under sub-paragraph (2) above.

Textual Amendments

F5 Sch. 3 para. 5(1): the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards Sch. 3 para. 5(1) by S.I. 1993/575, art. 2(d),Sch.

SupplementaryF7 S

6 S Where a local authority have determined or are deemed to have determined their personal community charge under paragraph 3(1) above or determine their personal community charge under paraagraph 5(1) above, they shall, to such extent and in accordance with such procedure as may be prescribed—

(a) repay sums paid by way of any community charge for which any person was liable while their personal community charge remained as determined by them under section 9 of this Act or for which he would have been liable had it so remained; and

(b) pay the cost of levying and collecting the community charges levied in consequence of the determination or deemed determination of their personal community charge under paragraph 3(1) or 5(1) above.

Prohibition of using loans fund to offset reduced personal community chargeF7 S

F6 7 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 3 para. 7: the repeal of the Act by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch.14 (with s. 118(1)(2)(4) and saving in s. 118(3)) was brought into force (1.4.1993) as regards Sch. 3 para. 7 by S.I. 1992/575, art. 2(d),Sch.