The Community Charges (Administration and Enforcement) (Amendment) Regulations 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Community Charges (Administration and Enforcement) Regulations 1989 (“the principal Regulations”).

Regulation 3 amends regulation 27(1) of the principal Regulations in two respects. Firstly, it alters the definition of “net earnings” so that, where deductions are being made under an attachment of earnings order in respect of unpaid council tax, account must be taken of the amount deducted in calculating the amount to be deducted under any subsequent attachment of earnings order under regulation 32 of the principal Regulations in respect of unpaid community charge. Secondly, it inserts a definition relevant to the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990, to which reference is made in regulations 46 and 48 of the principal Regulations (as amended by regulations 7 and 8 of these Regulations).

Regulation 4 amends regulation 31(3)(c) of the principal Regulations and applies in relation to liability orders made on or after 1st April 1993 for unpaid community charge. The effect of the amendment is to enable an authority to require a person against whom such an order has been made to provide information about deductions or expected deductions from his earnings under any attachment of earnings order for unpaid council tax made in relation to him.

The amendment made by regulation 5 inserts into the principal Regulations a new regulation, 37A, which provides for the order in which attachment of earnings orders made after 31st March 1993 under the principal Regulations or under those Regulations and the Attachment of Earnings Act 1971 (“the 1971 Act”), are to be dealt with. Regulation 37A differs from regulation 37 (which continues to apply to orders made before 1st April 1993) in allowing at any one time deductions to be made under more than one order, and in giving attachment of earnings orders under the principal Regulations priority over orders under the 1971 Act relating to judgement debts or administration orders.

Regulation 6 amends regulation 39 of the principal Regulations, which makes provision relating to the seizure and sale of goods of a debtor following the making of a liability order for unpaid community charge. A new paragraph (1A) provides for protection from seizure of certain goods of the debtor.

Regulation 7 amends regulation 46 of the principal Regulations which relates to the relationship between enforcement remedies. The amendment adds references to deductions from income support under the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990.

Regulation 8 amends regulation 48 of the principal Regulations which relates to the application of regulations 33 to 53 where persons are jointly and severally liable to pay an amount in respect of Community Charge. The amendments reflect the amendments made by regulations 7 and 10.

Regulation 9 amends the prescribed form of attachment of earnings order set out in Schedule 3 of the principal Regulations in consequence of the amendments made by regulation 5.

Regulation 10 substitutes a new Schedule 5 which sets out the charges that may be made for matters connected with distress for unpaid community charge. The principal changes are—

(a) the prescription of a charge which varies according to whether a visit where no goods are taken is the first (£15) or second (£12.50). The former provision allowed a charge related to the costs and fees actually incurred, subject to a prescribed maximum;

(b) an increase from £12.50 to £15 in respect of the maximum charge for distress levied for sums due which at the time of the levy do not exceed £100, and on the first £100 of sums due which exceed that amount;

(c) a reduction from 45 pence per day to 10 pence per day for taking walking possession of goods;

(d) an increase from £4.50 per day to £10 per day for taking close possession of goods.