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:-

(2) Where the registration area is the area of a regional council, there shall be a separate part of the register in respect of each district within that area.

Date on which register comes into force

5. The date of coming into force of the register is prescribed as 1st October 1988.

Notification of entry in register

6. For the purposes of section 14(2) of the Act(11) (period within which and manner in which the registration officer is to send a copy of an entry in the register to a registered person), there shall be sent by post, or delivered by hand, to each registered person a copy of each entry in the register relating to that person, together with a notice in the form set out in Schedule 2 to these Regulations or in a form substantially to the like effect, within the period of 2 months beginning on 1st October 1988.

Record of entry before amendment

7. The modifications prescribed to the provisions of section 20 of the Act(12) (and the provisions of these Regulations made thereunder) relating to the inspection of the register and the obtaining of copies of entries in the register in their application, by virtue of section 15(4) of the Act(13), to the inspection or obtaining of copies of a record made under section 15(3) of the Act(14) (record of an entry before amendment) are as follows:-

(a)any record made under section 15(3) of the Act relating to an entry which was, on the date on which the record was made, a special entry for the purposes of section 20A of the Act(15) (an entry excluded from public inspection) shall be excluded from the right of inspection by a member of the public under section 20(2)(a) of the Act, as applied by section 15(4) of the Act; and

(b)sections 20(4) and (5) of the Act (the making and inspection of extracts of the public parts of the register) and regulation 16 of these Regulations shall not apply in relation to the inspection of a record made under section 15(3) of the Act.

Amendment of register

8. For the purposes of section 15(5) of the Act(16) (period within which and manner in which the registration officer is to send to persons who are, or to certain persons who were, registered persons copies of entries or amended entries, or notification of deletions of entries relating to them), there shall be sent by post, or delivered by hand, to the person who is or was registered -

(a)a copy of the entry relating to that person or (as the case may be) a copy of the entry as amended and of the previous entry relating to that person; or

(b)where the amendment consists of the deletion of an entry relating to that person, notification of such deletion and a copy of that entry;

together with a notice in the form set out in Schedule 3 to these Regulations or in a form substantially to the like effect, within the period of 28 days, beginning on the day on which the entry or the amendment to the entry is made in the register.

Appeal relating to registration or to designation as a responsible person

9.-(1) An appeal by a person (in this regulation referred to as "the appellant") under -

(a)section 16(1)(a) of the Act(17) against any entry or amendment of an entry in the register in relation to him;

(b)section 17(9)(a) of the Act against designation as the responsible person in relation to any premises,

shall be made to, and determined by, the registration officer in accordance with the following provisions of this regulation.

(2) The appeal shall be made in writing and shall -

(a)state the name and address of the appellant;

(b)specify the entry or amendment of an entry in the register against which the appeal is made or, as the case may be, the address of the premises in relation to which the appellant has been designated as the responsible person;

(c)set out all the reasons for the appeal along with any evidence in support thereof;

(d)state the date on which the appeal is made;

(e)state the name and address of any person appearing to the appellant to have an interest in the appeal; and

(f)be signed by the appellant or his agent, who shall state his name and address.

(3) The appeal shall be lodged with the registration officer within a period of 28 days beginning on the day after the day on which the registration officer sends or delivers by hand to the appellant -

(a)under section 14(2) of the Act, a copy of the entry in the register against which the appeal is made;

(b)under section 15(5) of the Act -

(i)a copy of the entry or the entry as amended in the register against which the appeal is made; or

(ii)where the amendment against which the appeal is made consists of the deletion of an entry from the register, notification of such deletion; or

(c)under section 17(9) of the Act, notification that he has designated him to be the responsible person in relation to the premises.

(4) The registration officer may, without a hearing, determine the appeal in favour of the appellant and, where he does so, he shall notify the appellant in writing of his determination; but, where he does not so determine the appeal, the following paragraphs shall apply.

(5) Unless the appellant withdraws his appeal under paragraph (8) below, the registration officer shall send to -

(a)any person whom the appellant has notified to the registration officer under paragraph (2)(e) above; and

(b)any other person who appears to the registration officer to have an interest in the appeal,

a copy of the appeal together with a notice of the effect of paragraphs (6) to (13) below and, in the case of any person falling within subparagraph (b) above, shall inform the appellant of the name and address of that person.

(6) Any person, who has been sent a copy of the appeal under paragraph (5) above, may lodge with the registration officer written representations with respect to the appeal within a period of 14 days beginning on the day after the day on which the registration officer sends him the copy of the appeal, and that person shall at the same time send a copy of those representations to the appellant; and any person who has so lodged such written representations is referred to in this regulation as an "interested party".

(7) Unless the appellant withdraws his appeal under paragraph (8) below, the registration officer shall afford the appellant and every interested party an opportunity of appearing and being heard at a hearing held by him and shall give them not less than 14 days' notice in writing of the date, time and place fixed by the registration officer for the hearing of the appeal.

(8) The appellant may withdraw his appeal at any time prior to the date fixed for the hearing of the appeal by informing the registration officer in writing to that effect and, where he does so withdraw his appeal, the registration officer shall inform every interested party accordingly.

(9) The appellant and every interested party may appear and be heard at the hearing in person or may be represented by any other person.

(10) The hearing shall take place in private.

(11) The procedure at the hearing shall be such as the registration officer may decide.

(12) If neither the appellant nor any interested party appear or are represented at the hearing, the registration officer may proceed to determine the appeal.

(13) In determining the appeal, the registration officer shall take into consideration what is stated at the hearing (if any), any written material lodged under paragraph (2)(c) above and any written representations lodged under paragraph (6) above.

(14) The registration officer shall determine an appeal which is lodged with him -

(a)on or before 31st December 1988, within the period of 3 months beginning on the day on which the appeal is so lodged;

(b)after that date, within the period of 2 months beginning on the day on which the appeal is so lodged,

and shall immediately thereafter notify the appellant and every interested party in writing of his determination and of his reasons therefor.

Period for notification of determination of request to amend register

1O. The period prescribed for the purposes of section 16(2)(b) of the Act (deemed refusal by registration officer of request to make or amend an entry in the register) is -

(a)in relation to any request which is received by the registration officer on or before 31st December 1988, 3 months beginning on the day on which he receives the request; and

(b)in relation to any request which is received by him after that date, 2 months beginning on the day on which he receives the request.

Information not to be required to be supplied to registration officer

11. The information which a local authority, housing body or other registration officer is not to be required under section 17(3) of the Act to supply to a registration officer is -

(a)information held for the purposes of, or in connection with, the functions of a local authority under the Social Work (Scotland) Act 1968(18), other than information as to the names and addresses of persons or addresses of premises; and

(b)information relating to employees, former employees or applicants to become employees of the local authority or housing body, being information held for the purposes of such employment or prospective employment.

Information from responsible person

12.-(1) For the purposes of section 17(5) of the Act, the registration officer -

(a)may, during the period commencing on 1st October 1988 and ending on 31st March 1989, and

(b)shall, at any time during the year beginning on 1st April 1989 and at any time during each subsequent year,

send -

(i)an inquiry form to any responsible person in relation to any premises in his registration area;

(ii)when he considers that he requires information from any responsible person additional to that given to him in an inquiry form, a supplementary inquiry form to that person; and

(iii)when he considers that the information given to him in pursuance of an inquiry form or supplementary inquiry form may be out of date, a further inquiry form to any responsible person.

(2) The information which a responsible person can be required by a registration officer to give under section 17(5) of the Act shall be -

(a)information as to the matters set out in the inquiry form, and

(b)information as to the matters which are specified by the registration officer in the supplementary inquiry form, being information as to matters which are supplemental, consequential or incidental to the matters set out in the inquiry form or to the information given by the responsible person in respect of those matters,

which shall be given by completing and returning the inquiry form or, as the case may be, the supplementary inquiry form to the registration officer within 21 days beginning on the day after the day on which the registration officer sends the inquiry form or, as the case may be, the supplementary inquiry form to the responsible person.

(3) Where a responsible person is, or has been, required to give information under section 17(5) of the Act, the registration officer may require him to submit such documentary or other evidence in support of that information as he may specify in the supplementary inquiry form.

(4) For the purposes of this regulation -

(a)an inquiry form or supplementary inquiry form shall be in the form set out in Schedule 4 or, as the case may be, Schedule 5 to these Regulations or in a form substantially to the like effect, and

(b)an inquiry form or supplementary inquiry form shall be treated as being sent if it is sent by post or delivered by hand.

Period for supplying registration officer with information he requires

13. The period prescribed for the purpose of section 18(1)(ii) of the Act (period within which registration officer is to be supplied with information he requires for preparing entries in the register) is 21 days beginning on the day after the day on which the registration officer issues his requirement.

Interest on community charge for backdated period

14. For the purposes of section 18(3)(a) of the Act (interest on outstanding community charges during backdated period), a rate of interest of 10% per annum is prescribed.

Public inspection of the register

15.-(1) The date which is prescribed for the purposes of section 20(2)(a) of the Act (date as from which members of the public are entitled to inspect the public part of the register) is 1st April 1989.

(2) The class of premises prescribed for the purposes of section 20(2)(a)(iii) of the Act (class of premises whose collective community charge multiplier is not to be available for inspection by a member of the public) is any premises managed by a voluntary organisation for the temporary accommodation of persons who have left their homes as a result of physical violence or mental cruelty or threats of such violence or cruelty from persons to whom they are married or with whom they are or were co-habiting.

Inspection of register by others

16. For the purposes of section 20(2)(d) of the Act (prescribed persons entitled to inspect the register to such extent and for such purposes as may be prescribed), any person who is an auditor within the meaning of section 97(6) of the Local Government (Scotland) Act 1973(19) shall be entitled to inspect the register for the purpose of, or in connection with, the conducting of an audit of the accounts of a local authority or any other functions under Part VII of that Act.

Extracts of public parts of the register

17.-(1) For the purposes of section 20(4) and (5) of the Act (provisions regarding extracts of the parts of the register which are available for public inspection), the registration officer shall, on 1st April and 1st October in each financial year, make an extract of those parts of the register which, on that date, a member of the public is entitled to inspect under section 20(2)(a) of the Act.

(2) The extract may be in documentary or non documentary form.

(3) Every regional or islands council shall make the extract made by the registration officer for the registration area which is their region or islands area available for inspection by members of the public -

(a)at the headquarters of the regional or islands council, and

(b)where the registration area is the area of a regional council, at the headquarters of each district council within that area,

on the dates and during the times when those offices are open for business.

Exclusion from public inspection

18.-(1) The class of person prescribed for the purposes of section 20A(3) of the Act (class of person who may apply to the registration officer for a determination that the entry relating to him be a special entry and excluded from the parts of the register open to public inspection) is any registered person in respect of whom there is reasonable cause to believe that he is or may be at risk of physical violence or threats of physical violence.

(2) For the purposes of section 20A(4)(c) of the Act (manner in which and period within which the registration officer is required to determine an application under section 20A(3) of the Act for a determination that an entry be a special entry), the registration officer shall determine an application which is lodged with him -

(a)on or before 31st December 1988, within the period of 3 months beginning on the day on which the application is so lodged; and

(b)after that date, within the period of 2 months beginning on the day on which the application is so lodged,

and shall immediately thereafter notify the applicant in writing of his determination and of his reasons therefor.

(3) For the purposes of section 20A(4) of the Act (period during which no application under section 20A(3) can be made after an application has been refused except with the approval of the registration officer), the period prescribed is a period of 12 months beginning on the day on which the application, which was refused, was finally determined for the purposes of section 20A of the Act.

(4) An application under section 20A(8)(a) of the Act (application not to revoke the determination that an entry be a special entry -

(a)shall be made in writing and shall -

(i)state the name and address of the applicant,

(ii)specify the entry in the register to which the application relates,

(iii)set out all the reasons why the determination should not be revoked along with any evidence in support thereof,

(iv)state the date on which the application is made; and

(v)be signed by the applicant or his agent, who shall state his name and address;

(b)shall be lodged with the registration officer within a period of 28 days beginning with the day after the day on which the registration officer notifies the applicant under section 20A(8) that he is required to revoke the determination; and

(c)shall be determined by the registration officer within the period of 2 months beginning on the day on which the application is made;

and the registration officer shall, immediately after making his determination of the application, notify the applicant in writing of his determination and of his reasons therefor.

Fees

19. For the purposes of section 20(9) of the Act, the fee payable for -

(a)a copy of an entry in the register which a person is entitled to inspect by virtue of section 20(1) or (2) of the Act, is £1.00; and

(b)a certified copy (within the meaning of section 20(6) of the Act) of such an entry, is £3.00,

but no fee shall be payable for such a copy or certified copy by a local authority, assessor, electoral registration officer or person referred to in regulation 16 of these Regulations.

Copy registers held by the Keeper of the Records of Scotland

20. For the purposes of section 20(11) of the Act (exceptions to prohibition against inspection of, or obtaining extracts of, copies of registers sent to the Keeper for preservation), the Keeper of the Records of Scotland may after 30 years from the end of the year in which a copy of a register was sent to him for preservation under section 20(10) of the Act -

(a)make such a register available for inspection, and

(b)under section 9 of the Public Records (Scotland) Act 1937(20), issue extracts or certified copies of such a register.

Revocation

21. The 1988 Regulations are hereby revoked.

SCHEDULE 1

Regulation 6

SCHEDULE 2Form of Notice under section 14(2) of the Act

Regulation 8

SCHEDULE 3Form of Notice under section 15(5) of the Act

Regulation 12

SCHEDULE 4Form of inquiry form for completion by responsible person Under Section 17(5) of the Act

APPENDIXABOLITION OF DOMESTIC RATES ETC. (SCOTLAND) ACT 1987

Section 17(10) to (12)

"(10) Where the registration officer is satisfied that a responsible person -

(a)has failed to comply with the duty to provide the information required within the prescribed period; or

(b)has given false information,

he shall, unless satisfied that the responsible person has a reasonable excuse, impose upon the responsible person a civil penalty of £50 or such other sum as may, in substitution, be prescribed, which shall be a debt due to the regional or islands council, recoverable by them as such as if it were arrears of community charges.

(11) Where -

(a)a civil penalty has been imposed upon a responsible person under subsection (10) above; and

(b)the registration officer has repeated his requirement under subsection (5) above; but

(c)the registration officer is satisfied that the responsible person has failed to comply with the duty to provide the information required within the prescribed period or has given false information,

the registration officer shall, unless satisfied that the responsible person has a reasonable excuse, impose upon him a civil penalty of £200 or such other sum as may, in substitution, be prescribed, which shall be a debt due to the regional or islands council, recoverable by them as such as if it were arrears of community charges; and the provisions of this subsection shall apply to any subsequent failures to provide information within the prescribed period or to any subsequent provision of false information.

(12) The responsible person may appeal to the sheriff against the imposition of a civil penalty under this section."

Regulation 12

SCHEDULE 5Form of supplementary inquiry form for completion by responsible person under section 17(5) of the Act

APPENDIXABOLITION OF DOMESTIC RATES ETC. (SCOTLAND) ACT 1987

Section 17(10) to (12)

"(10) Where the registration officer is satisfied that a responsible person -

(a)has failed to comply with the duty to provide the information required within the prescribed period; or

(b)has given false information,

he shall, unless satisfied that the responsible person has a reasonable excuse, impose upon the responsible person a civil penalty of £50 or such other sum as may, in substitution, be prescribed, which shall be a debt due to the regional or islands council, recoverable by them as such as if it were arrears of community charges.

(11) Where -

(a)a civil penalty has been imposed upon a responsible person under subsection (10) above; and

(b)the registration officer has repeated his requirement under subsection (5) above; but

(c)the registration officer is satisfied that the responsible person has failed to comply with the duty to provide the information required within the prescribed period or has given false information,

the registration officer shall, unless satisfied that the responsible person has a reasonable excuse, impose upon him a civil penalty of £200 or such other sum as may, in substitution, be prescribed, which shall be a debt due to the regional or islands council, recoverable by them as such as if it were arrears of community charges; and the provisions of this subsection shall apply to any subsequent failures to provide information within the prescribed period or to any subsequent provision of false information.

(12) The responsible person may appeal to the sheriff against the imposition of a civil penalty under this section."

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe matters relating to the Community Charges Register ("the register") which is to be maintained under the Abolition of Domestic Rates Etc. (Scotland) Act 1987 ("the Act").

The Regulations replace the Community Charges (Registration) (Scotland) Regulations 1988 ("the 1988 Regulations") which are revoked (regulation 21). In general, these Regulations re-enact the provisions of the 1988 Regulations but with amendments to take account of amendments made to the Act by the Local Government Finance Act 1988 ("the 1988 Act"). In certain cases, they also make new provision.

The Regulations re-enact, with amendments, the provisions of the 1988 Regulations which prescribe certain additional matters to be specified in the register and make provision as to the form of the register (regulations 3 and 4).

The Regulations re-enact, with amendments, the provisions of the 1988 Regulations which prescribe the date when the register comes into force (regulations). They require the registration officer, within a period of 2 months thereafter (rather than 42 days as in the 1988 Regulations), to send to every person registered in the register a copy of the entry relating to him, together with a notice in the form set out in Schedule 2 to the Regulations (regulation 6).

The Regulations re-enact, with amendments, the provisions of the 1988 Regulations which prescribe the period within which and the manner in which the registration officer is to notify any amendment which he makes to the register (regulation 8 and Schedule 3). They also prescribe the period within which the registration officer is required to determine the request to make or amend an entry in the register (regulation 10).

The Regulations re-enact, with amendments, the provisions of the 1988 Regulations which prescribe the period within which and the manner in which appeals are to be made against any entry in, or any amendment to, the register or against any designation of a person as the responsible person, and the period and manner of determining such appeals (regulation 9).

The Regulations re-enact, with amendments, the provisions of the 1988 Regulations which prescribe various matters in relation to obtaining information for the register. They prescribe the information which a local authority, housing body, or other registration officer is not to be required to supply to the registration officer (regulation 11). They prescribe the times at which and the manner in which the registration officer is to require any responsible person to give him information (regulation 12). They also prescribe an inquiry from and supplementary inquiry form to be used for this purpose (Schedules 4 and 5) and the period within which any person is required to supply the registration officer with information which he requires (regulation 13).

The Regulations re-enact the provisions of the 1988 Regulations which prescribe the rate of interest on outstanding community charges for any backdated period (regulation 14).

The Regulations prescribe various matters in relation to the inspection of the register. They make new provision by prescribing 1st April 1989 as the date when members of the public are entitled to inspect the public part of the register (regulation 15(1)). They re-enact the provisions of the 1988 Regulations which prescribe the class of premises whose collective community charge multiplier is not to be available for public inspection in the register (regulation 15(2)). They make new provision as to the persons entitled to inspect the register (regulation 16). They also make new provision regarding the making and inspection of extracts of the public parts of the register (regulation 17). They also prescribe the modifications to be made in applying the provisions about inspection of the register to inspection of the record made of entries to the register before amendment (regulation 7).

The Regulations also prescribe for the first time the class of persons who can apply to have their entry determined to be a special entry which is excluded from the public part of the register and make provision as to such applications and applications against the revocation of such determinations (regulation 18).

The Regulations re-enact the provisions of the 1988 Regulations prescribing the fees payable for a copy or certified copy of entries in the register and when the Keeper of the Records of Scotland can make a copy of the register available for inspection or issue extracts or certified copies of such a register (regulations 19 and 20).