COMMUNITY CHARGES, ENGLAND AND WALES Citation and commencement 1 The Regulations may be cited as the Community Charges and Non-Domestic Rating (Miscellaneous Provisions) Regulations 1992 and shall come into force on 7th March 1992. Application of Regulations 2 1 The amendments made by paragraphs (1)(a) and (c) and (2)(a) of regulation 3 below have effect in relation to the making, on or after the day on which these Regulations come into force of an application for a warrant of Commitment. 2 The amendments made by paragraphs (1)(b) and (2)(b) of regulation 3 below have effect in relation to any hearing on or after the day on which these Regulations come into force of– a an application for a liability order. b an appeal relating to the levy of, or attempt to levy, distress. c an application for a warrant of commitment, whether that hearing was commenced before, on or after that day. 3 The amendments made by paragraphs (1)(d) and (2)(c) of regulation 3 below have effect in relation to any warrant of commitment issued on or after the day on which these Regulations come to force. Amendment of Regulations 3 1 The Community Charges (Administration and Enforcement) Regulations 1989 are amended– a by the substitution, in paragraph (1) of regulation 41 (commitment to prison), for the words “it appears to the authority that no (or insufficient) goods of the debtor can be found” of the words “the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor”; b by the insertion after paragraph (3) of regulation 47 (magistrates' courts) of the paragraphs set out in paragraph (3) below; c by the substitution, in paragraph (7) of regulation 48 (joint and several liability), for the words “it appears to the authority concerned that no (or insufficient) goods of those persons can be found” of the words “the person making the distress reports to the authority concerned that he was unable (for whatever reason) to find any or sufficient goods of those persons”; and d by the substitution, for paragraph (ii) in Form C in Schedule 3 (form of warrant of commitment), of the following paragraph– ii the authority has been unable to levy that amount by distress; and . 2 The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended– a by the substitution, in paragraph (1) of regulation 16 (commitment to prison), for the words “it appears to the authority that no (or insufficient) goods of the debtor can be found” of the words “the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor”; b by the insertion after paragraph (3) of regulation 21 (magistrates' courts) of the paragraphs set out in paragraph (4) below; and c by the substitution, for paragraph (ii) in Form C in Schedule 2 (form of warrant of commitment), of the following paragraph– ii the authority has been unable to levy that amount by distress; and . 3 The paragraphs referred to in paragraph (1)(b) are– 4 In any proceedings under regulation 29 (application for liability order), regulation 40 (appeals in connection with distress) or regulation 41 (commitment to prison), a statement contained in a document constituting or forming part of a record compiled by the applicant authority shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible. 5 In proceedings where the applicant authority desires to give a statement in evidence in accordance with paragraph (4), and the document containing that statement is produced by a computer, a certificate– a identifying the document containing the statement and the computer by which it was produced; b containing a statement that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents; c giving such explanation as may be appropriate of the content of the document; and d purporting to be signed by a person occupying a responsible position in relation to the operation of the computer, shall be admissible as evidence of anything which is stated in it to the best of the signatory’s information and belief 6 In paragraph (4) above, “statement” includes any representation of fact, whether made in words or otherwise; and the reference to an application under regulation 41 includes a reference to an application made in the circumstances mentioned in regulation 42(3). . 4 The paragraphs referred to in paragraph (2)(b) are– 4 In any proceedings under regulation 12 (application for liability order), regulation 15 (appeals in connection with distress) or regulation 16 (commitment to prison), a statement contained in a document constituting or forming part of a record compiled by the applicant authority shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible. 5 In proceedings where the applicant authority desires to give a statement in evidence in accordance with paragraph (4), and the document containing that statement is produced by a computer, a certificate– a identifying the document containing the statement and the computer by which it was produced; b containing a statement that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents; c giving such explanation as may be appropriate of the content of the document; and d purporting to be signed by a person occupying a responsible position in relation to the operation of the computer, shall be admissible as evidence of anything which is stated in it to the best of the signatory’s information and belief. 6 In paragraph (4) above, “statement” includes any representation of fact, whether made in words or otherwise; and the reference to an application under regulation 16 includes a reference to an application made in the circumstances mentioned in regulation 17(3). . Michael Heseltine Secretary of State for the Environment 6th March 1992 David Hunt Secretary of State for Wales 6th March 1992