The Council Tax (Demand Notices) (Wales) (Amendment) Regulations 1995

Statutory Instruments

1995 No. 160

COUNCIL TAX, ENGLAND AND WALES

The Council Tax (Demand Notices) (Wales) (Amendment) Regulations 1995

Made

25th January 1995

Laid before Parliament

26th January 1995

Coming into force

16th February 1995

The Secretary of State for Wales, in exercise of the powers conferred upon him by sections 113(1) and (2) and 116(1) of, and paragraphs 2(4) and 14(1) of Schedule 2 to, the Local Government Finance Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Council Tax (Demand Notices) (Wales) (Amendment) Regulations 1995 and shall come into force on 16th February 1995.

(2) In these Regulations—

“the principal Regulations” means the Council Tax (Demand Notices) (Wales) Regulations 1993(2); and

“new police authority” means a police authority established under section 3 of the Police Act 1964(3).

Amendments of the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the following paragraphs.

(2) In regulation 2 (interpretation)—

(a) in the definition of “the major precepting authority”, for the words after “means” there shall be substituted—

“(a) the county council, and

(b) the new police authority,

which has power to issue a precept to the billing authority;”

(b) after the definition of “the major precepting authority” there shall be inserted—

““new police authority” means a police authority established under section 3 of the Police Act 1964;”.

(3) In paragraph 6 of Part I of Schedule 2, for the words after sub–paragraph (a) there shall be substituted—

“(b) additional grant;

(c) redistributed non–domestic rates; and

(d) police grant under section 31 of the Police Act 1964.”(4).

(4) Where the relevant year is the financial year beginning in 1995—

(a) Regulation 6 shall apply to a major precepting authority which is a new police authority as if references to paragraphs 11, 12 and 13 of Part I of Schedule 2 were omitted;

(b) Part I of Schedule 2 shall have effect as if references to the major precepting authority in paragraphs 11, 12 and 13 did not include a new police authority; and

(c) paragraph 15 of that Part shall have effect as if at the end there were added—

“(e) in the case of the major precepting authority which formerly had the functions of a police authority under the Police Act 1964 and which ceases to have them from 31st March 1995, the fact that that authority has ceased to have those functions.”.

Supply of information by new police authorities: transitional provision

3.—(1) Subject to paragraph (2), where a precept has been issued before the day on which these Regulations come into force (“the relevant day”), the information which would have been supplied by a new police authority to a billing authority under regulation 6 of the principal Regulations if these Regulations were then in force, shall be supplied within 7 days of the relevant day.

(2) Information need not be supplied under paragraph (1) on or after the relevant day if it was supplied voluntarily before that day.

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

25th January 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Council Tax (Demand Notices) (Wales) Regulations 1993 to reflect the establishment of new police authorities under section 3 of the Police Act 1964 (as substituted by section 2 of the Police and Magistrates' Courts Act 1994).

The transitional amendments amend the provisions relating to council tax demand notices served by billing authorities (Part I of Schedule 2 to the 1993 Regulations) for the financial year 1995/96 to reflect the fact that some authorities will cease to have police functions, and that new police authorities will not be able to supply all the information required by that Part.

(1)

1992 c. 14.

(2)

S.I. 1993/255.

(3)

1964 c. 48; section 3 was substituted by section 2 of the Police and Magistrates' Courts Act 1994 (c. 29).

(4)

Section 31 was substituted by section 17 of the Police and Magistrates' Courts Act 1994.