The Council Tax and Non-Domestic Rating (Electronic Communications) (Wales) Order 2009

Explanatory Note

(This note is not part of the Order)

This Order amends the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, the Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 and the Council Tax (Administration and Enforcement) Regulations 1992 in relation to Wales. It provides for the service of certain notices and information by electronic communication on a person who has agreed to accept electronic service.

Article 3 inserts new definitions into regulation 1 of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (“the 1989 Regulations”).

Article 4(2) adds new paragraphs to regulation 2 of the 1989 Regulations.

Under new paragraph (3) of regulation 2 any notice under Part II (Billing) or under regulation 11 (Liability orders: preliminary steps) of the 1989 Regulations or any information which is required to be supplied when demand notices are served by virtue of the Non-Domestic Rating (Demand Notices) (Wales) Regulations 1993 may be served electronically on a person who has agreed to accept electronic service of such documents. Alternatively, where the billing authority has agreed with the recipient, these documents may be published on a website and the billing authority may notify the recipient that it has done so, where the notice or information may be found and how they may be accessed.

New paragraph (4) provides that a notice under Part II or under regulation 11 will be deemed to have been served for the purpose of any legal proceedings, on the second business day after it was sent or, if published on a website, on the second business day after notification is given of its publication.

New paragraph (5) provides that the recipient of such notices or information must notify the billing authority in writing of any change in their electronic address.

New paragraphs (6) and (7) respectively provide for the recipient to withdraw their agreement to accepting electronic service of such documents or to accessing such documents on a website.

This Order also amends the Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 in relation to Wales.

Article 6 inserts new definitions into regulation 2 and article 7 replaces regulation 3. New regulation 3(1) allows the notices which are required to be served by the Welsh Ministers (in particular demand notices under regulation 4 and further demand notices under regulation 8) to be served electronically. If a ratepayer does not specify an address for electronic service, the ratepayer will continue to receive notices in paper form. Paragraphs (3) and (4) of new regulation 3 provide that the recipients of electronic notices must notify the Welsh Ministers in writing of any change in their electronic address and that they may withdraw their agreement to accepting electronic service.

The Council Tax (Administration and Enforcement) Regulations 1992 are amended in a similar way to the 1989 Regulations by article 9 which inserts new definitions into regulation 1 and by article 10 which adds new paragraphs (4) to (8) to regulation 2.