The Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Courts) (England) Regulations 2000

Statutory Instruments

2000 No. 2026

COMMUNITY CHARGES, ENGLAND

COUNCIL TAX, ENGLAND

RATING AND VALUATION, ENGLAND

The Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Courts) (England) Regulations 2000

Made

26th July 2000

Laid before Parliament

2nd August 2000

Coming into force

31st August 2000

The Secretary of State for the Environment, Transport and the Regions in exercise of the powers conferred upon him by paragraphs 1 and 13(b) of Schedule 4 and paragraph 1 of Schedule 9 to the Local Government Finance Act 1988(1) and paragraphs 1(1) and 13(b) of Schedule 4 to the Local Government Finance Act 1992(2), hereby makes the following Regulations:

Citation, commencement and extent

1.  These Regulations, which extend to England only, may be cited as the Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Courts) (England) Regulations 2000 and shall come into force on 31st August 2000.

Amendment of regulations

2.  In each of the following provisions, for the words “stipendiary magistrate ” there shall be substituted the words “District Judge (Magistrates' Courts)”(3)—

(a) regulation 47 of the Community Charges (Administration and Enforcement) Regulations 1989(4);

(b) regulation 21(2) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989(5);

(c) regulation 53(2) of the Council Tax (Administration and Enforcement) Regulations 1992(6).

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Beverley Hughes

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

26th July 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to England only, amend the following instruments to take account of the coming into force of section 78 of and Schedule 11 to the Access to Justice Act 1999 which unifies and renames the stipendiary bench:

• the Community Charges (Administration and Enforcement) Regulations 1989;

• the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989;

• the Council Tax (Administration and Enforcement) Regulations 1992.

(1)

1988 c. 41. Section 22 under which Schedule 4 had effect was repealed by section 117(2) of, and Schedule 14 to, the Local Government Finance Act 1992 (c. 14), but under section 118(1) of that Act the repeal is not to affect the operation of those provisions in relation to any community charge in respect of a day falling before the 1st April 1993 or in relation to any financial year beginning before that date.

(2)

1992 c. 14. These powers, and those conferred by the provisions of the 1988 Act referred to in the preamble, are devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly For Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the references to the Local Government Finance Acts 1988 and 1992 in Schedule 1.

(3)

Section 78 of the Access to Justice Act 1999 (c. 22) substitutes for sections 11 to 20 of the Justices of the Peace Act 1997 (c. 25) which provide for stipendiary magistrates new sections 10A to 10E which provide for District Judges (Magistrates' Courts) in place of them; paragraph 22 of Schedule 14 provides for any person who is a stipendiary magistrate or metropolitan stipendiary magistrate immediately before the time section 78 comes into force to be treated (unless he would be required by reason of his age to vacate his office at that time) as having been appointed to be a District Judge (Magistrates' Courts) at that time.

(4)

S.I. 1989/438, to which there are amendments not relevant to these Regulations.

(5)

S.I. 1989/1058, to which there are amendments not relevant to these Regulations.

(6)

S.I. 1992/613, to which there are amendments not relevant to these Regulations.