The Community Charges (Registration) (Scotland) (No. 2) Amendment Regulations 1991

law://uk/uksi/1991/51@2026-11-12

Contents

1Citation and commencement#

These Regulations may be cited as the Community Charges (Registration) (Scotland) (No. 2) Amendment Regulations 1991 and shall come into force on 18th February 1991.

2Interpretation#

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;• “the 1989 Act” means the Local Government and Housing Act 1989;• “the principal Regulations” means the Community Charges (Registration) (Scotland) (No.2) Regulations 1988; and• “the Water Regulations” means the Community Water Charges (Scotland) Regulations 1988.

3Amendment of principal Regulations#

The principal Regulations shall be amended as described in Schedule 2 to these Regulations.

4Revocation#

The following provisions of the principal Regulations are hereby revoked:—

(a)regulation 6;

(b)in regulation 15, paragraph (2);

(c)Schedule 2;

(d)in the Annex to the Notice set out in Schedule 3—

(i)in paragraph 2.7 the words “but, where it is lodged on or before 31st December 1988, the period within which I must come to a decision on the appeal is 3 months.”, and

(ii)in paragraph 4.6, the words “but, where it is lodged on or before 31st December 1988, the period within which I am required to determine your application is 3 months.”;

(e)in the Notes to the Notice set out in Schedule 3, in subparagraph (d) of paragraph 1.3, the words from “A person” to the end of that subparagraph;

(f)in the Notes and Warning to the inquiry form set out in Schedule 4, in subparagraph (d) of paragraph 1 of Note 10, the words from “A person” to the end of that subparagraph.

Schedule 1

Schedule 2 · Amendment of principal Regulations

(1)General

(1)The principal Regulations shall be amended as described in the following paragraphs.

(2)In this Schedule, any reference to a regulation or to a Schedule is, unless otherwise specified, a reference to a regulation of or to a Schedule to the principal Regulations.

(2)In regulation 2, for the definition of “the Water Regulations” there shall be substituted the following definition:—“• “the Water Regulations” means the Community Water Charges (Scotland) Regulations 1988;”

(3)In regulation 2, for the definition of “person undertaking a full-time course of education” there shall be substituted the following definition:—“• “person undertaking a full-time course of education” shall have the meaning for the time being prescribed under section 8(6) of the Act;”

(4)In regulation 2, there shall be inserted, in the appropriate place, the following definition:—“• “person undertaking a full-time course of nursing education” shall have the meaning for the time being prescribed under section 8(6C) of the Act;”

(5)In paragraph (b) of regulation 3, there shall be inserted after the word “education” the words “or whether he is a person undertaking a full-time course of nursing education”.

(6)In column 2 of the Table in paragraph (1) of regulation 4, opposite to the entry relating to “student” in column 1 of that Table, there shall be inserted after the word “education” the words “or whether he is a person undertaking a full-time course of nursing education”.

(7)After regulation 20 of the principal Regulations, there shall be inserted the following regulation:—“20A For the purposes of section 2OC(3) of the Act the registration officer may—a supply relevant information as defined in section 2OC(4) of the Act to any person who requests it; andb charge a fee for supplying such relevant information at the rate of £2 in respect of each batch of 1000 entries or part thereof in the register.”

(8)In paragraph 1.4 of the Annex to the Notice set out in Schedule 3, the following amendments shall be made:—

(a)in subparagraph (iii) after the word “student” in both places where it occurs, there shall be inserted the words “who is undertaking a full-time course of education”; and

(b)in subparagraph (v), for the words “a person undertaking a full-time course of education (“a student”)”, there shall be substituted the following words:—“a student, that is a person undertaking a full-time course of education or a person undertaking a full-time course of nursing education”

(9)In the Notes to the Notice set out in Schedule 3, the following amendments shall be made:—

(a)in paragraph 1.3—

(i)in subparagraph (e), after the word “payable” there shall be inserted the words “or would be payable but for certain circumstances”;

(ii)after subparagraph (f), there shall be inserted the following subparagraph:—“ff persons aged under 20 who are undertaking certain qualifying courses of education;”

(iii)in subparagraph (l), after the words “non-domestic rates” there shall be inserted the words “but which are not part residential subjects”; and

(iv)for the last sentence of paragraph 1.3, there shall be substituted the following:“Please contact my office if you would like further information about any of these exemptions or if you consider that you may be entitled to any of them.”

(b)for paragraph 4.1, there shall be substituted the following paragraph:—“4.1 The Act contains special provisions about a student, that is a person who is “undertaking a full-time course of education” or who is “undertaking a full-time course of nursing education”. In particular—a section 8(4) provides that a person undertaking a full-time course of education is to be regarded as being solely or mainly resident in the area of the local authority in Scotland in which he or she is resident during “term-time” for the purposes of undertaking the course until he or she “ceases to undertake the course”. There is no equivalent provision with regard to a person undertaking a full-time course of nursing education;b section 8(5) and (6A) provides that a person undertaking a full-time course of education or a full-time course of nursing education is only liable for a prescribed percentage of the personal community charge; andc section 8(6) provides that what is meant by “person undertaking a full-time course of education”, “term-time” and “ceases to undertake the course” is to be prescribed in regulations. There is a similar provision in relation to a person undertaking a full-time course of nursing education in section 8(6C).”

(c)in paragraph 7.3 for the words from “except premises” to the end of that paragraph, there shall be substituted the words “except such premises as may be prescribed.”; and

(d)in paragraph 9.2 after the words “that address” there shall be inserted the words “or the sex of that person”.

(10)In the Notes and Warning to the inquiry form set out in Schedule 4, the following amendments shall be made:—

(a)in Note 6:—

(i)in paragraph 1, before the word “students” there shall be inserted the word “certain”; and

(ii)in paragraph 2, for the sentence “Please also include the names of any students who are resident in the premises during term time (see Note 9).”, there shall be substituted the following sentence:—“Please also include the name of any student who is undertaking a full-time course of education and who is resident in the premises during term time and also the name of any other student who is undertaking a full-time course of nursing education and who is solely or mainly resident in the premises (see Note 9).”

(b)for paragraph 1 of Note 9, there shall be substituted the following paragraph:—“1 The Act contains special provisions about a student, that is a person who is “undertaking a full-time course of education” or who is “undertaking a full-time course of nursing education”. In particular—a section 8(4) provides that a person undertaking a full-time course of education is to be regarded as being solely or mainly resident in the area of the local authority in Scotland in which he or she is resident during “term-time” for the purposes of undertaking the course until he or she “ceases to undertake the course”. There is no equivalent provision with regard to a person undertaking a full-time course of nursing education;b section 8(5) and (6A) provides that a person undertaking a full-time course of education or a full-time course of nursing education is only liable for a prescribed percentage of the personal community charge; andc section 8(6) provides that what is meant by “person undertaking a full-time course of education”, “term-time” and “ceases to undertake the course” is to be prescribed in regulations. There is a similar provision in relation to a person undertaking a full-time course of nursing education in section 8(6C).Please include the name of, and other information requested relating to, any such student—i who is undertaking a full-time course of education and who is resident in the premises during term-time for the purpose of undertaking his full-time course of education; orii who is undertaking a full-time course of nursing education and who is solely or mainly resident in the premises.”

(c)in paragraph I of Note 10—

(i)in subparagraph (e), after the word “payable” there shall be inserted the words “or would be payable but for certain circumstances”;

(ii)after subparagraph (f), there shall be inserted the following subparagraph:—“ff persons aged under 20 who are undertaking certain qualifying courses of education;”

(iii)in subparagraph (1), after the words “non-domestic rates” there shall be inserted the words “but which are not part residential subjects”.

(11)In the Appendix to the inquiry form set out in Schedule 4, the following amendments shall be made:—

(a)under the heading “Section 17(10) to (12)” there shall be inserted “(as amended by paragraph 24(1) of Schedule 6 to the Local Government and Housing Act 1989)”; and

(b)after subsection (11) of section 17, there shall be inserted the following subsection:—“11A If, after the imposition of a civil penalty under subsection (10) or (11) above but before the making of any appeal under subsection (12) below against that imposition, the registration officer, in the light of information which he did not consider when imposing the penalty—a is no longer satisfied as to the matter as to which he was satisfied under paragraph (a) or (b) of subsection (10) above or paragraph (c) of subsection (11) above before imposing the penalty; orb is satisfied that the responsible person upon whom the penalty was imposed did have a reasonable excuse,he may revoke the imposition of the penalty; and on such revocation any money paid to the regional or islands council by the responsible person by way of that penalty shall be repaid by them to him.”

(12)In the Appendix to the supplementary inquiry form set out in Schedule 5, the following amendments shall be made:—

(a)under the heading “Section 17(10) to (12)” there shall be inserted “(as amended by paragraph 24(1) of Schedule 6 to the Local Government and Housing Act 1989)”; and

Contains public sector information licensed under the Open Government Licence v3.0.

The Community Charges (Registration) (Scotland) (No. 2) Amendment Regulations 1991

The Community Charges (Registration) (Scotland) (No. 2) Amendment Regulations 1991

1Citation and commencement#

2Interpretation#

3Amendment of principal Regulations#

4Revocation#

Schedule 1

Schedule 2 · Amendment of principal Regulations

Defined terms · 5

Key facts

Connections

History · 1 version

1Citation and commencement#

2Interpretation#

3Amendment of principal Regulations#

4Revocation#

Schedule 1

Schedule 2 · Amendment of principal Regulations