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Statutory Instruments

2022 No. 439

Council Tax, England

The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022

Made

7th April 2022

Laid before Parliament

11th April 2022

Coming into force

12th April 2022

The Secretary of State, in exercise of the powers conferred by sections 4, 113(1) and 116(1) of, and paragraph 11 of Schedule 1 to, the Local Government Finance Act 1992( 1 ), makes the following Regulations.

Citation, commencement, extent and application

1. —(1) These Regulations may be cited as the Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022 and come into force on 12th April 2022.

(2) These Regulations extend to England and Wales.

(3) Regulation 3 applies in relation to billing authorities in England only.

Amendment of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992

2. In regulation 3(1) (persons of other descriptions: England) of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992( 2 ) at the end insert—

Homes for Ukraine Scheme

Class G: a person who holds permission to enter or to stay in the United Kingdom granted under the Homes for Ukraine Sponsorship Scheme route in Appendix Ukraine Scheme of the Immigration Rules ( 3 ) . .

Amendment of the Council Tax (Exempt Dwellings) Order 1992

3. —(1)The Council Tax (Exempt Dwellings) Order 1992( 4 ) is amended as follows.

(2) In article 2—

(a) in paragraph (1)—

(i) after the definition of “relevant absentee” insert—

relevant Ukrainian person” means a person who holds permission to enter or to stay in the United Kingdom granted under the Homes for Ukraine Sponsorship Scheme route in Appendix Ukraine Scheme of the Immigration Rules ( 5 ) ; ;

(ii) in the definition of “an unoccupied dwelling” after “paragraph (3)” insert “and (3A)” ;

(b) after paragraph (3) insert—

(3A) For the purposes of Classes B, D, E, F, H, I, J, K, L, Q and T of article 3, in considering whether a dwelling is unoccupied, any occupation by a relevant Ukrainian person is to be disregarded. .

(3) In article 3—

(a) in Class N, in paragraph (2)(a)—

(i) at the end of sub-paragraph (ii) omit “or”;

(ii) at the end of sub-paragraph (iii) insert—

or

(iv) where there are other residents of the dwelling who fall within (i), (ii) or (iii) above, a relevant Ukrainian person; ;

(b) in Class S at the end insert “or one or more such persons together with one or more relevant Ukrainian persons” ;

(c) in Class U for paragraph (2)(a) substitute—

(a) relevant person ” means—

(i) a person falling within paragraphs (i), (ii) or (iii) of paragraph (2)(a) of Class N above; or

(ii) a relevant Ukrainian person; and .

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Neil O’Brien

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

( 1 )

1992 c. 14 .

( 2 )

S.I. 1992/552 ; amended by S.I. 1992/2942 , 1993/149 , 1995/620 , 1997/657 and 2019/431 . There are other amendments not relevant to this instrument.

( 3 )

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme . The Immigration Rules are laid down under section 3(2) of the Immigration Act 1971 (c. 77) . The rules in relation to the Homes for Ukraine Sponsorship Scheme are set out at UKR 11.1 to UKR 20.2 of the appendix. “ Permission to enter ” and “ permission to stay ” are defined at rule 6.2 of the Immigration Rules: Introduction ( https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction#intro6 ).

( 5 )

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme . The Immigration Rules are laid down under section 3(2) of the Immigration Act 1971 (c. 77) . The rules in relation to the Homes for Ukraine Sponsorship Scheme are set out at UKR 11.1 to UKR 20.2 of the appendix. “ Permission to enter ” and “ permission to stay ” are defined at rule 6.2 of the Immigration Rules: Introduction ( https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction#intro6 ).

Status: There are currently no known outstanding effects for the The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022.
The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022 (2022/439)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
C1Reg. 3 amendments extended to W. (21.7.2022) by The Council Tax (Amendments Relating to Discount Disregards and Exempt Dwellings) (Wales) Regulations 2022 (S.I. 2022/722) , regs. 1(2) , 3(1) (with reg. 3(2)-(5) )
I1Reg. 1 in force at 12.4.2022, see reg. 1(1)
I2Reg. 2 in force at 12.4.2022, see reg. 1(1)
I3Reg. 3 in force at 12.4.2022, see reg. 1(1)
Defined TermSection/ArticleIDScope of Application
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022 2022 No. 439 reg. 1 coming into force The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022 2022 No. 439 reg. 1(1) Yes
The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022 2022 No. 439 reg. 2 coming into force The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022 2022 No. 439 reg. 1(1) Yes
The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022 2022 No. 439 reg. 3 coming into force The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022 2022 No. 439 reg. 1(1) Yes

Status of changes to instrument text

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