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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Community Charges (Administration and Enforcement) (Amendment) Regulations 1994 No. 504 URL: http://www.bailii.org/uk/legis/num_reg/1994/uksi_1994504_en.html |
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Statutory Instruments
COMMUNITY CHARGES, ENGLAND AND WALES
Made
24th February 1994
Laid before Parliament
9th March 1994
Coming into force
1st April 1994
The Secretary of State for the Environment, as respect England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 146(6) of, and paragraphs 1, 2, 8 and 26 of Schedule 4 to, the Local Government Finance Act 1988(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:
1. These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2. The Community Charges (Administration and Enforcement) Regulations 1989(2) shall be amended in accordance with the following provisions of these Regulations.
3. In regulation 41, there shall be substituted for paragraph (6) the following paragraphs-
"(6) If-
(a)before a warrant has been issued, or a term of imprisonment fixed and the issue of a warrant postponed, an amount determined in accordance with paragraph (6A) below is paid or tendered to the authority, or
(b)after a term of imprisonment has been fixed and the issue of a warrant postponed, the amount (if any) the court has ordered the debtor to pay is paid or tendered to the authority, or
(c)after a warrant has been issued, the amount stated in it is paid or tendered to the authority,
the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor, if committed to prison, shall be released.
(6A) The amount referred to in paragraph (6)(a) above is the aggregate of-
(a)the appropriate amount mentioned in regulation 39(2) (or so much of it as remains outstanding), and
(b)subject to paragraph (6B) below, the authority's reasonable costs incurred up to the time of payment or tender in making one or more of the applications referred to in Schedule 6.
(6B) For the purposes of paragraph (6A)(b) above, the authority's reasonable costs in respect of any application shall not exceed the amount specified for that application in Schedule 6.".
4. After Schedule 5 there shall be added the following Schedule-
Regulation 41(6A) and (6B)
| (1) | (2) |
|---|---|
| Application | Maximum costs |
| For making an application for the issue of a warrant: | £55.00. |
| For making an application for an arrest warrant with bail: | £55.00. |
| For making an application for an arrest warrant without bail: | £70.00." |
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
17th February 1994
John Redwood
Secretary of State for Wales
24th February 1994
(This note is not part of the Regulations)
These Regulations amend regulation 41 of the Community Charges (Administration and Enforcement) Regulations 1989 (commitment to prison) so that, in a case where the debtor pays the amount due from him after the authority has applied for the issue of a warrant, but before a warrant is issued, or a term of imprisonment fixed and the issue of a warrant postponed, an authority may also recover reasonable costs in connection with the committal proceedings. The costs are subject to maximum amounts set out in a new Schedule to the 1984 Regulations.
S.I. 1989/438, to which there are amendments which are not relevant to these Regulations.
