2010 No. 752

Council Tax, England
Rating And Valuation, England

The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2010

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by—

  1. a

    section 143(2) of, and paragraphs 1 and 3(3) of Schedule 9 to, the Local Government Finance Act 19881; and

  2. b

    section 113(2) of, and paragraphs 1, 2 and 17 of Schedule 4 to, the Local Government Finance Act 19922,

makes the following Regulations:

Citation, commencement and application1

1

These Regulations may be cited as the Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2010 and shall come into force on 6th April 2010.

2

These Regulations apply in relation to billing authorities3 in England only.

3

Regulation 2 does not apply in relation to an application which is of a type mentioned in the table substituted by Part 1 of the Schedule to these Regulations and which is made before 6th April 2010.

4

Regulation 3 does not apply in relation to an application which is of a type mentioned in the table substituted by Part 2 of the Schedule to these Regulations and which is made before 13th July 2009.

Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 19892

For Schedule 4 to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 19894, substitute the Schedule in Part 1 of the Schedule to these Regulations.

Amendment of the Council Tax (Administration and Enforcement) Regulations 19923

For Schedule 6 to the Council Tax (Administration and Enforcement) Regulations 19925, substitute the Schedule in Part 2 of the Schedule to these Regulations.

Signed by authority of the Secretary of State for Communities and Local Government

Barbara FollettParliamentary Under Secretary of State
Department for Communities and Local Government

SCHEDULE

Regulations 1, 2 and 3

PART 1

SCHEDULE 4Costs connected with committal

Regulation 16(6A) and (6B)

Application

Maximum costs

For making an application for a warrant of commitment:

£305.00.

For making an application for a warrant of arrest:

£145.00.

PART 2

SCHEDULE 6Costs connected with committal

Regulation 47(6A) and (6B)

Application

Maximum costs

For making an application for a warrant of commitment:

£305.00.

For making an application for a warrant of arrest:

£145.00.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (S.I. 1989/1058) (“the 1989 Regulations”) and the Council Tax (Administration and Enforcement) Regulations 1992 (S.I. 1992/613) (“the 1992 Regulations”). In relation to both sets of Regulations the costs connected with committal that a billing authority can in certain circumstances recover are increased.

The Regulations come into force on 6th April 2010 and apply in relation to billing authorities in England only (regulation 1).

Regulation 2 amends the 1989 Regulations. Schedule 4 to the 1989 Regulations (costs connected with committal) is substituted by the Schedule in Part 1 of the Schedule to these Regulations, but the amendment does not apply in relation to an application which is made before the coming into force of these Regulations (regulation 1(3)).

Regulation 3 amends the 1992 Regulations. Schedule 6 to the 1992 Regulations (costs connected with committal) is substituted by the Schedule in Part 2 of the Schedule to these Regulations, but the amendment does not apply in relation to an application which is made before 13th July 2009 (regulation 1(4)). This is the date when the Magistrates’ Courts Fees (Amendment) Order 2009 (S.I. 2009/1496) came into force, which Order amended the court fees connected with committal in relation to council tax.

An impact assessment has been prepared in relation to these Regulations. It has been placed in the library of each House of Parliament and copies may be obtained from Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU (Telephone 0303 444 3609). The impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).