COMMENTED by
The Community Charges (Registration) (Scotland) (No.2) Regulations 1988 (Note)

The Community Charges (Registration) (Scotland) (No.2) Regulations 1988

STATUTORY INSTRUMENTS

1988 No. 1539 (S.152)

COMMUNITY CHARGES, SCOTLAND WATER SUPPLY, SCOTLAND

The Community Charges (Registration) (Scotland) (No.2) Regulations 1988

Made 6th September 1988

Laid before Parliament 9th September 1988

Coming into force 1st October 1988

The Secretary of State, in exercise of the powers conferred upon him by the provisions of the Abolition of Domestic Rates Etc. (Scotland) Act 1987[1] set out in Schedule 1 to these Regulations, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Community Charges (Registration) (Scotland) (No.2) Regulations 1988 and shall come into force on 1st October 1988.

Interpretation

2. In these Regulations --

"the Act" means the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

"the 1988 Act" means the Local Government Finance Act 1988[2];

"the 1988 Regulations" means the Community Charges (Registration) (Scotland) Regulations 1988[3];

"the Water Regulations" means the Community Water Charges (Scotland) Regulations 1988[4];

"person undertaking a full-time course of education" shall have the meaning for the time being prescribed under section 8(6) of the Act[5];

"responsible person" has the same meaning as in section 17 of the Act[6];

"voluntary organisation" means a body the activities of which are carried on otherwise than for profit;

and any reference to a section of the Act includes a reference to that section as read with paragraph 11 of Schedule 5[7] to the Act and the Water Regulations.

Additional matters to be specified in the register

3. The register for each registration area shall, in addition to the matters specified in paragraphs (a) to (e) of section 13(1) of the Act[8], specify -- (a) in each entry in the register --

(i) the particular community charge which the person to whom the entry relates is liable to pay;

(ii) the date on which the entry is made or, where the entry is amended, the date on which the last amendment is made;

(iii) where the entry is amended, the date on which the last amendment takes effect;

(iv) whether the person to whom the entry relates is also liable to pay the community water charge which corresponds to the community charge which he is shown as being liable to pay (that is, the personal community water charge, the standard community water charge or the collective community water charge, as the case maybe);

(v) if the person is liable to pay a community water charge, the date (which may be before, on or after the date on which the entry is made) from which he is liable to pay it;

(b) in the case of an entry relating to a person liable to pay the personal community charge, whether he is a person undertaking a full-time course of education; and

(c) in the case of an entry relating to a person liable to pay the standard community charge or, as the case may be, the collective community charge -- (i) whether he is so liable by virtue of paragraph (a), (b)or (c) of section 10(4) or, as the case may be, 11(5) of the Act[9]; and

(ii) whether he is jointly and severally liable under that section to pay that charge along with any other person or persons.

Form of register

4.--(1) The register (whether it is kept in documentary form or otherwise) shall be kept in such a form --

(a) that each entry in it shows, or

(b) if the register is kept otherwise than in documentary form, that each entry in it, when displayed or printed, shows,under or by reference to each heading listed in column 1 of the following Table (although not necessarily in the order set out in the Table), the matters required to be specified in the register, or in that entry in the register, by virtue of the provisions of section 13(1) of the Act or of regulation 3 of these Regulations referred to in column 2 of that Table opposite to that heading:--

TABLE

Column 1Column 2Name and addressSection 13(1)(a) and (c) (the name of the person liable to pay a community charge and, except in the case of the personal community charge, his address).Community chargeRegulation 3(a)(i) (the community charge which that person is liable to pay).PremisesSection 13(1)(b) and (c) (in the case of an entry relating to a person liable to pay the personal community charge, the address of his sole or main residence and, in any other case, the address of the premises in respect of which the charge is payable).Date of bir...

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