The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2007

Welsh Statutory Instruments

2007 No. 580 (W.52)

LOCAL GOVERNMENT, WALES

The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2007

Made

27 February 2007

Coming into force

1 April 2007

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State under paragraphs 4 and 5 of Schedule 1 to the Local Government Finance Act 1992(1) and now vested in the National Assembly for Wales(2), makes the following Order:

Title, commencement, application and interpretation

1.—(1) The title of this Order is the Council Tax (Discount Disregards) (Amendment) (Wales) Order 2007, and it comes into force on 1 April 2007.

(2) This Order applies in relation to Wales.

(3) In this Order “the 1992 Order” (“Gorchymyn 1992”) means the Council Tax (Discount Disregards) Order 1992(3).

Amendment

2.  The 1992 Order is amended in accordance with the following.

Schedule 1

3.—(1) In Part I (Apprentices) of Schedule 1 (Definition of students, etc.) to the 1992 Order, in paragraph 1 amend the following—

(a) In sub-paragraph (1)(b), for the “National Council for Vocational Qualifications” substitute “National Assembly for Wales or the Qualifications and Curriculum Authority”;

(b) Delete sub-paragraph (1)(c)(i); and

(c) In sub-paragraph (1)(c)(ii), for “no more than £160 per week”, substitute “employed at a salary or in receipt of an allowance or both, which are, in total no more than £195 per week”.

(2) In Part II (Students) of Schedule 1 to the 1992 Order in paragraph 2(a), for “Central Bureau for Educational Visits and Exchanges” substitute “British Council”.

Schedule 2

4.  In Part I (Establishments for students) of Schedule 2 (Prescribed educational establishments) to the 1992 Order—

(1) In paragraph 1, for sub-paragraph (d) substitute “institutions within the higher education sector, as defined in section 91(5) of the Further and Higher Education Act 1992(4)”.

(2) In paragraph 2, under the definition of “further education”, for “the Education Act 1944” substitute “section 2 of the Education Act 1996(5)”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6).

D. Elis-Thomas

The Presiding Officer of the National Assembly

27 February 2007

Explanatory Note

(This note is not part of the Order)

Under Part I of the Local Government Finance Act 1992, the amount payable for council tax is reduced where a person resident in a dwelling falls to be disregarded for the purpose of discount. Schedule 1 to the 1992 Act provides for classes of persons to qualify for the purpose of discount. The Council Tax (Discount Disregards) Order 1992 (“the 1992 Order”) makes further provision in relation to certain of those classes.

Article 3 of this Order amends Parts I and II of Schedule 1 to the 1992 Order in respect of apprentices and students. Article 4 amends Part I of Schedule 2 to that Order in respect of establishments for students.

A regulatory appraisal has been carried out in connection with this Order and is available from the Local Government Finance Division, Department for Local Government and Culture, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ (telephone [phone]).

(1)

1992 c. 14.

(2)

The functions of the Secretary of State under these paragraphs were transferred, so far as exercisable 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 entry for this Act in Schedule 1 to that Order.

(3)

S.I. 1992/548, as amended by S.I. 1994/543; S.I. 1995/619; S.I. 1996/636; S.I. 1996/971; S.I. 1996/3143; S.I. 1997/656; S.I. 1998/291; S.I. 2003/673 (W. 83) and S.I. 2004/2921 (W. 260).

(4)

1992 c. 13.

(5)

1996 c. 56. Section 2(2A) and (2B) were inserted by section 110(1) of the Learning and Skills Act 2000 (c. 21). Section 2(1) was substituted by section 156(2) of the Education Act 2002 (c. 32). Section 2(6A) was inserted by section 177(1) and (3) of the Education Act 2002. Section 2(2A), (2B), (3) and (4) were amended by section 177(1) and (2) of, Schedule 7 to, paragraph 33 of Schedule 21 to, and Schedule 22 to the Education Act 2002.

(6)

1998 c. 38.