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Statutory Instruments

2010 No. 752

Council Tax, England

Rating And Valuation, England

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

Made

11th March 2010

Laid before Parliament

16th March 2010

Coming into force

6th April 2010

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

(a)

section 143(2) of, and paragraphs 1 and 3(3) of Schedule 9 to, the Local Government Finance Act 1988( 1 ); and

(b)

section 113(2) of, and paragraphs 1, 2 and 17 of Schedule 4 to, the Local Government Finance Act 1992( 2 ),

makes the following Regulations:

Citation, commencement and application

1. —(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 authorities( 3 ) 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 1989

2. For Schedule 4 to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989( 4 ), substitute the Schedule in Part 1 of the Schedule to these Regulations.

Amendment of the Council Tax (Administration and Enforcement) Regulations 1992

3. For Schedule 6 to the Council Tax (Administration and Enforcement) Regulations 1992( 5 ), 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 Follett

Parliamentary Under Secretary of State

11th March 2010

Department for Communities and Local Government

Regulations 1, 2 and 3

SCHEDULE

PART 1

Regulation 16(6A) and (6B)

SCHEDULE 4 Costs connected with committal

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

Regulation 47(6A) and (6B)

SCHEDULE 6 Costs connected with committal

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.

( 1 )

1988 c.41 . Paragraph 1 of Schedule 9 has been prospectively amended by paragraph 89 of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007 (c.15) . Paragraph 3(3) was amended by paragraph 87(2)(b) of Schedule 13 to the Local Government Finance Act 1992 (c.14) . These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ); see the entry in Schedule 1 for the Local Government Finance Act 1988. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32) , they were transferred to the Welsh Ministers.

( 2 )

1992 c.14 . Paragraph 1 of Schedule 4 has been prospectively amended by paragraph 107(2) of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ); see the entry in Schedule 1 for the Local Government Finance Act 1992. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32) , they were transferred to the Welsh Ministers.

( 3 )

The term “billing authority” is defined in section 144(2) of the Local Government Finance Act 1988 and section 69(1) of the Local Government Finance Act 1992. The definition in section 144(2) of the Local Government Finance Act 1988 operates by reference to Part 1 of the Local Government Finance Act 1992.

( 4 )

S.I. 1989/1058 . Relevant amending instruments are S.I. 1998/3089 and S.I. 2006/3395 .

( 5 )

S.I. 1992/613 . Relevant amending instruments are S.I. 1994/505 and S.I. 2006/3395 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2010 (2010/752)

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