Community Charges (Administration and Enforcement) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/438 |
| Year | 1989 |
1989 No. 438
COMMUNITY CHARGES, ENGLAND AND WALES
The Community Charges (Administration and Enforcement) Regulations 1989
Made 12th March 1989
Laid before Parliament 17th March 1989
The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 5(3)(d), 10(6), 12(6), 14(7), 19, 23(3), 25, 31(10), 40(3), (4), (11) and (12), 143(1) and (2) and 146(6) of, and paragraph 10(1)(b) and (2) of Schedule 1, paragraphs 1 to 4, 6 to 8, 10 to 13 and 15 to 18 of Schedule 2, paragraph 6 of Schedule 3 and paragraphs 1 to 5, 7 to 24 and 26 to 28 of Schedule 4 to, the Local Government Finance Act 19881, and of all other powers enabling them in that behalf, hereby make the following Regulations:
PART I
GENERAL
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Community Charges (Administration and Enforcement) Regulations 1989 and except as mentioned in paragraph (2) shall come into force on 7th April 1989.
(2) Regulations 4 and 5 of these Regulations shall come into force on 22nd May 1989.
(3) In these Regulations “the Act” means the Local Government Finance Act 1988.
Service of notices
2. Where any notice which is required or authorised by these Regulations to be given to or served on any person falls to be given or served by or on behalf of the Common Council or by an officer of the Common Council, it may be given or served in any manner in which it might be given or served under section 233 of the Local Government Act 19722if the Common Council were a local authority within the meaning of that section.
PART II
INFORMATION AND INSPECTION
Duty to supply information to registration officers
3.—(1) A person who has reason to believe he is or has been subject at any time on or after 1st December 1989 to a community charge of a charging authority shall inform the appropriate registration officer accordingly.
(2) A person who is shown in a charging authority’s register as subject to a community charge of the authority and who has reason to believe that the item concerned contains an error or is not complete or up-to-date shall inform the appropriate registration officer accordingly.
(3) The information mentioned in paragraphs (1) and (2) is to be supplied within 21 days of the day on which the person first had reason to believe as mentioned in those paragraphs.
(4) In this regulation “the appropriate registration officer” means the registration officer of the charging authority with respect to whose community charge the person–
(a)
(a) has reason to believe he is or has been subject, or
(b)
(b) is shown as subject,
as the case may be.
Responsible individuals
4.—(1) The registration officer for a charging authority may, with the object of enabling him to form a view whether the responsible individual or any other person is, has been or is about to become subject to a community charge of the authority by virtue of any relevant property, request (by notice given in writing) a responsible individual as regards that property to supply to him such information as is specified in the notice.
(2) Each of the following is a responsible individual as regards any relevant property for the purposes of this regulation (so that one or more individuals may be responsible individuals with respect to the same property)–
(a)
(a) every individual aged 18 or over who is in occupation of the property,
(b)
(b) every individual aged 18 or over who holds a lease or underlease of the property, or who owns the property, and
(c)
(c) such other individual aged 18 or over whom the registration officer considers it appropriate to designate from time to time as a responsible individual with respect to the property.
(3) Information requested under paragraph (1) shall be supplied by the person requested to supply it if it is in his possession or control, and shall be so supplied within 21 days of the day on which the request is made.
(4) Without prejudice to section 233 of the Local Government Act 1972, a notice given under paragraph (1) in respect of persons falling within paragraph (2)(a) may be served by addressing it by the description of “occupier” of the relevant property (naming the relevant property) and by leaving it at, or (if the property has a postal address) by sending it by post to, the relevant property.
(5) If more than one person falls within the description in paragraph (2)(a) in respect of any relevant property and a notice given under paragraph (1) is served in the manner described in paragraph (4), their duty to supply the information is satisfied if one of the occupiers supplies it on behalf of all of them.
(6) A registration officer may revoke a designation under paragraph (2)(c).
(7) If any relevant property is a building or part of a building, an individual owns it for the purposes of paragraph (2)(b) only if he owns a freehold estate in it.
(8) In this regulation “relevant property” means a building, a part of a building, a caravan or a houseboat.
Other information from individuals
5.—(1) The registration officer for a charging authority may, for the purpose of carrying out his functions under Part I of the Act, request (by notice given in writing) any person falling within paragraph (2) to supply to him such information as is specified in the notice.
(2) A person falls within this paragraph if he is a person the officer making the request reasonably believes is, has been or is about to become subject to a community charge of the authority for which the officer is the registration officer.
(3) Information requested under paragraph (1) shall be supplied by the person requested to supply it if it is in his possession or control, and shall be so supplied within 21 days of the day on which the request is made.
Information from public bodies
6.—(1) The registration officer for a charging authority may, for the purpose of carrying out his functions under Part I of the Act, request (by notice given in writing) a person mentioned in paragraph (3) to supply to the officer such information as is specified in the notice and does not fall within paragraph (2).
(2) Information falls within this paragraph if–
(a)
(a) the information was obtained by the person concerned, or by a committee of such a person, in its capacity as police authority, or as a constituent council of such an authority,
(b)
(b) the information was obtained by the person concerned in its capacity as an employer, or
(c)
(c) the information consists of other than the name, address and any past or present place of residence of any person and the dates during which he is known or thought to have resided at that place.
(3) The persons referred to in paragraph (1) are–
(a)
(a) the registration officer for any other charging authority,
(b)
(b) the charging authority for which the officer making the request is the registration officer,
(c)
(c) any other charging authority,
(d)
(d) any precepting authority, and
(e)
(e) the electoral registration officer for any area in England and Wales.
(4) Information requested under paragraph (1) shall be supplied by the person requested to supply it if it is in his possession or control, and it shall be so supplied within 21 days of the day on which the request is made.
(5) A registration officer for a charging authority may (so far as he does not have the power to do so apart from this Part) supply relevant information to a registration officer for another charging authority even if he is not requested to supply the information.
(6) Information is relevant information for the purposes of paragraph (5) if–
(a)
(a) it was obtained by the first-mentioned officer in exercising his functions under Part I of the Act, and
(b)
(b) he believes it would be useful to the other officer in exercising his functions under that Part.
Supply of information to Secretary of State
7.—(1) The Secretary of State may, for the purpose of carrying out his functions under Part I of the Act, request (by notice given in writing) a registration officer for a charging authority to supply to him information which is specified in the notice and which was obtained by the officer for the purpose of carrying out his functions under that Part.
(2) Information requested under paragraph (1) shall be supplied by the officer if it is in his possession or control, and shall be so supplied within 21 days of the day on which the request is made.
Use of information by charging authority
8. In carrying out its functions under Part I of the Act, a charging authority may use information obtained under any other enactment provided it was not obtained by the authority, or by a committee of the authority, in its capacity as police authority, or as a constituent council of a police authority.
Notification of chargeable persons
9.—(1) Where a person becomes or ceases to be subject to a charging authority’s community charge, and a registration officer makes an entry in the register accordingly, as soon as is reasonably practicable after doing so he shall send the person a copy of the item contained in the register in relation to the charge.
(2) Where a registration officer amends an item contained in the register in order to correct an error or render the item more complete or up-to-date, as soon as is reasonably practicable after doing so he shall send the person shown in the register as subject to the charge concerned a copy of the amended item.
Inspection of the register by chargeable persons
10.—(1) A...
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