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PART IGENERAL

Citation, commencement and application

1.  These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (Wales) Regulations 1990 and shall come into force on 21st February 1990. They apply to community charge demand notices and rate demand notices issued by Welsh charging authorities only.

Interpretation

2.—(1) In these Regulations: “the Act” means the Local Government Finance Act 1988;

“the principal community charge regulations” means the Community Charges (Administration and Enforcement) Regulations 1989(1);

“the principal rating regulations” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989(2);

“chargeable person” means a person entered on a charging authority’s community charges register as subject in the relevant year to a community charge of that authority; and in relation to a community charge demand notice, means the person upon whom that notice is, or is to be, served;

“charging authority” means a Welsh charging authority;

“community charge demand notice” means a demand notice within the meaning of Part III of the principal community charge regulations which is given by a charging authority (including such a notice given pursuant to the Community Charges (Co-owners) Regulations 1990)(3);

“personal community charge demand notice” means a community charge demand notice requiring the payment of an amount in respect of a charging authority’s personal community charge as it has effect for the relevant year;

“rate demand notice” means a demand notice within the meaning of Part II of the principal rating regulations which is given by a charging authority (including such a notice given pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990(4) (joint owners and occupiers));

“relevant county council”, in relation to a charging authority, means the county council which has power to issue a precept to that charging authority;

“the relevant year” in relation to a community charge demand notice or a rate demand notice, means the chargeable financial year to which the demand for payment made by it relates;

“specific grants” means grants or subsidies which fall to be credited to revenue account and which are paid out of monies provided by Parliament, other than–

(a)

revenue support grant paid under section 78 of the Act,

(b)

additional grant paid under section 85 of the Act, and

(c)

sums which the Secretary of State specifies are to be paid into a charging authority’s collection fund under section 90(3) of the Act;

“standard community charge demand notice” means a community charge demand notice requiring the payment of an amount in respect of a charging authority’s standard community charge as it has effect for the relevant year.

(2) In these Regulations, unless the context otherwise requires, any reference to a numbered form is a reference to the form bearing that number, prescribed in Schedule 1.

(3) Part III of Schedule 2 (Interpretation) shall have effect for the purposes of Schedule 2, and Part III of Schedule 6 (Interpretation) shall have effect for the purposes of Schedule 6.

(1)

S.I. 1989/438; relevant amendments were made by S.I. 1989/2274.

(2)

S.I. 1989/1058; relevant amendments were made by S.I. 1990/145.

(3)

S.I. 1990/146.

(4)

S.I. 1990/145.