COMMUNITY CHARGES, ENGLAND AND WALES PART I GENERAL Citation, commencement and application 1 These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (Wales) Regulations 1990 and shall come into force on 21st February 1990. They apply to community charge demand notices and rate demand notices issued by Welsh charging authorities only. Interpretation 2 1 In these Regulations: “ the Act ” means the Local Government Finance Act 1988; “the principal community charge regulations” means the Community Charges (Administration and Enforcement) Regulations 1989 ; “the principal rating regulations” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 ; “chargeable person” means a person entered on a charging authority’s community charges register as subject in the relevant year to a community charge of that authority; and in relation to a community charge demand notice, means the person upon whom that notice is, or is to be, served; “charging authority” means a Welsh charging authority; “community charge demand notice” means a demand notice within the meaning of Part III of the principal community charge regulations which is given by a charging authority (including such a notice given pursuant to the Community Charges (Co-owners) Regulations 1990) ; “personal community charge demand notice” means a community charge demand notice requiring the payment of an amount in respect of a charging authority’s personal community charge as it has effect for the relevant year; “rate demand notice” means a demand notice within the meaning of Part II of the principal rating regulations which is given by a charging authority (including such a notice given pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (joint owners and occupiers)); “relevant county council”, in relation to a charging authority, means the county council which has power to issue a precept to that charging authority; “the relevant year” in relation to a community charge demand notice or a rate demand notice, means the chargeable financial year to which the demand for payment made by it relates; “specific grants” means grants or subsidies which fall to be credited to revenue account and which are paid out of monies provided by Parliament, other than– revenue support grant paid under section 78 of the Act, additional grant paid under section 85 of the Act, and sums which the Secretary of State specifies are to be paid into a charging authority’s collection fund under section 90(3) of the Act; “standard community charge demand notice” means a community charge demand notice requiring the payment of an amount in respect of a charging authority’s standard community charge as it has effect for the relevant year. 2 In these Regulations, unless the context otherwise requires, any reference to a numbered form is a reference to the form bearing that number, prescribed in Schedule 1. 3 Part III of Schedule 2 (Interpretation) shall have effect for the purposes of Schedule 2, and Part III of Schedule 6 (Interpretation) shall have effect for the purposes of Schedule 6. PART II COMMUNITY CHARGE DEMAND NOTICES Personal community charge demand notices: form and content 3 1 Subject to the provisions of paragraphs (2) and (3) and regulations 4, 9 and 10, forms 1, 2 and 3 are the forms prescribed for personal community charge demand notices, and a personal community charge demand notice– a must be in form 1, 2 or 3; and b must contain the matters prescribed in Part I of Schedule 2 for inclusion in a personal community charge demand notice in the positions indicated in form 1, 2 or 3 as the case may be. 2 A personal community charge demand notice which does not comply with the provisions of paragraph (1) is invalid. 3 Forms 1, 2 and 3 shall be used in the circumstances prescribed in regulation 4. Personal community charge demand notices: use of forms 4 Personal community charge demand notices shall be served by a charging authority in form 1, except that where in relation to a relevant year an authority resolves to serve its personal community charge demand notices in form 2 or form 3, they shall be so served. Personal community charge demand notices: provision of translations 5 1 Where following a resolution under regulation 4 personal community charge demand notices are served in form 2, the charging authority shall, if a person upon whom the notice is served so requests, provide that person with a translation of the notice, and the translation so provided shall be in the form of words prescribed in Welsh in form 3. 2 Where following a resolution under regulation 4 personal community charge demand notices are served in form 3, the charging authority shall, if a person upon whom the notice is served so requests, provide that person with a translation of the notice, and the translation so provided shall be in the form of words prescribed in English in form 2. Standard community charge demand notices: form and content 6 1 Subject to the provisions of paragraphs (2) and (3) and regulations 7, 9 and 11, forms 4, 5 and 6 are the forms prescribed for standard community charge demand notices, and a standard community charge demand notice– a must be in form 4, 5 or 6; and b must contain the matters prescribed in Part II of Schedule 2 for inclusion in a standard community charge demand notice in the positions indicated in form 4, 5 or 6, as the case may be. 2 A standard community charge demand notice which does not comply with the provisions of paragraph (1) is invalid. 3 Forms 4, 5 and 6 shall be used in the circumstances prescribed in regulation 7. Standard community charge demand notices: use of forms 7 Standard community charge demand notices shall be served by a charging authority in form 4, except that where in relation to a relevant year an authority resolves to serve its standard community charge demand notices in form 5 or form 6, they shall be so served. Standard community charge demand notices: provision of translations 8 1 Where following a resolution under regulation 7 standard community charge demand notices are served in form 5, the charging authority shall, if a person upon whom the notice is served so requests, provide that person with a translation of the notice, and the translation so provided shall be in the form of words prescribed in Welsh in form 6. 2 Where following a resolution under regulation 7 standard community charge demand notices are served in form 6, the charging authority shall, if a person upon whom the notice is served so requests, provide that person with a translation of the notice, and the translation so provided shall be in the form of words prescribed in English in form 5. Variation of forms for community charge demand notices 9 1 Where in forms 1 and 4 the English text is placed immediately above the corresponding Welsh text, the Welsh text may be placed immediately above the English text. 2 Where in forms 1 and 4 the English text is placed immediately to the left side of the corresponding Welsh text, a the Welsh text may be placed immediately to the left side of the English text, or b the Welsh text may be placed immediately above the English text, or c the Welsh text may be placed immediately below the English text. Personal community charge demand notices: further variation of forms 10 1 In forms 1, 2 and 3, items referred to in paragraph (2) may be placed in any order and any position below the words “PERSONAL COMMUNITY CHARGE DEMAND NOTICE FOR THE FINANCIAL YEAR” or “HYSBYSIAD HAWLIO TÅL CYMUNEDOL PERSONOL AR GYFER Y FLWYDDYN ARIANNOL”, as the case may be, and above the words “YOU ARE SHOWN IN THE COMMUNITY CHARGES REGISTER AS SUBJECT TO A PERSONAL COMMUNITY CHARGE” or “DENGYS Y GOFRESTR TALIADAU CYMUNEDOL EICH BOD YN DESTUN TÅL CYMUNEDOL PERSONOL” as the case may be. 2 The items referred to in this paragraph are each of the matters described at [c], [d], [e] and [f] of paragraph 3 of Part I of Schedule 2 together with, in the case of [c], the form of words prescribed in the form for inclusion together with that matter, and, in the case of [e], the box prescribed in the form for inclusion around that matter. Standard community charge demand notices: further variation of forms 11 1 In forms 4, 5 and 6, items referred to in paragraph (2) may be placed in any order and any position below the words “STANDARD COMMUNITY CHARGE DEMAND NOTICE FOR THE FINANCIAL YEAR” or “HYSBYSIAD HAWLIO TÅL CYMUNEDOL SAFONOL AR GYFER Y FLWYDDYN ARIANNOL”, as the case may be, and above the words “YOU ARE SHOWN IN THE COMMUNITY CHARGES REGISTER AS SUBJECT TO A STANDARD COMMUNITY CHARGE” or “DENGYS Y GOFRESTR TALIADAU CYMUNEDOL EICH BOD YN DESTUN TÅL CYMUNEDOL SAFONOL” as the case may be. 2 The items referred to in this paragraph are each of the matters described at [c], [d], [e], [f], [fa] and [fb] of paragraph 6 of Part II of Schedule 2 together with, in the cases of [c], [fa] and [fb], the form of words prescribed in the form for inclusion together with that matter, and in the case of [e], the box prescribed in the form for inclusion around that matter. Invalid community charge demand notices 12 1 Where– a a community charge demand notice is invalid because it does not comply with the provisions of regulation 3(1) or 6(1), as the case may be, b the failure so to comply was due to a mistake, and c the amount required to be paid under the notice was demanded in accordance with Part III of the principal community charge regulations (as may be applied in any case by the Community Charges (Co-owners) Regulations 1990), the requirement to pay that amount shall nevertheless have effect as if the notice were valid. 2 Where a requirement to pay an amount under an invalid notice has effect by virtue of paragraph (1), the charging authority which issued the notice shall as soon as practicable after the mistake is discovered issue to the chargeable person concerned a document in the form which the notice would have taken (and containing the matters it would have contained) if it had complied with the provisions of regulation 3(1) or 6(1), as the case may be. PART III RATE DEMAND NOTICES Content of rate demand notices 13 1 A rate demand notice must contain the matters prescribed in Schedule 3. 2 A rate demand notice which does not comply with the provisions of paragraph (1) is invalid. Language of rate demand notices and provision of translations 14 1 If it appears requisite to a charging authority that a rate demand notice should be served in Welsh and in English, instead of in English or in Welsh, it shall be so served. 2 If it appears requisite to a charging authority, it shall provide a Welsh translation of a rate demand notice served in English. 3 If it appears requisite to a charging authority, it shall provide an English translation of a rate demand notice served in Welsh. Invalid rate demand notices 15 1 Where– a a rate demand notice is invalid because it does not comply with the provisions of regulation 13(1), b the failure so to comply was due to a mistake, and c the amounts required to be paid under the notice were demanded in accordance with Part II of the principal rating regulations (as may be applied in any case by Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellane ous Provisions) Regulations 1990), the requirement to pay those amounts shall nevertheless have effect as if the notice were valid. 2 Where a requirement to pay an amount under an invalid notice has effect by virtue of paragraph (1), the charging authority which issued the notice shall as soon as practicable after the mistake is discovered issue to the ratepayer concerned a statement of the matters which were not contained in the notice and which would have been so contained if it had complied with the provisions of regulation 13(1). PART IV ACCOMPANYING INFORMATION Provision of explanatory information with community charge demand notices 16 1 When a charging authority serves a community charge demand notice in form 1 or form 4, it must supply explanatory information in the form of words prescribed in Parts I and II of Schedule 4. 2 When a charging authority serves a community charge demand notice in form 2 or form 5, it must supply explanatory information in the form of words prescribed in Part I of Schedule 4. 3 When a charging authority serves a community charge demand notice in form 3 or form 6, it must supply explanatory information in the form of words prescribed in Part II of Schedule 4. Provision of explanatory information with translations of community charge demand notices 17 1 When a charging authority provides a person with a translation of a community charge demand notice in the form of words prescribed in Welsh in form 3 or form 6 the authority shall also provide that person with explanatory information in the form of words prescribed in Part II of Schedule 4. 2 When a charging authority provides a person with a translation of a community charge demand notice in the form of words prescribed in English in form 2 or form 5 the authority shall also provide that person with explanatory information in the form of words prescribed in Part I of Schedule 4. Provision of explanatory information with rate demand notices 18 1 When a charging authority serves a rate demand notice in Welsh and English, it must supply explanatory information in the form of words prescribed in Parts I and II of Schedule 5. 2 When a charging authority serves a rate demand notice in English, it must supply explanatory information in the form of words prescribed in Part I of Schedule 5. 3 When a charging authority serves a rate demand notice in Welsh, it must supply explanatory information in the form of words prescribed in Part II of Schedule 5. Provision of explanatory information with translations of rate demand notices 19 1 When a charging authority provides a person with a Welsh translation of a rate demand notice, the authority shall also provide that person with explanatory information in the form of words prescribed in Part II of Schedule 5. 2 When a charging authority provides a person with an English translation of a rate demand notice, the authority shall also provide that person with explanatory information in the form of words prescribed in Part I of Schedule 5. Demand notices: financial and other information 20 1 A charging authority must supply the information prescribed in Part I of Schedule 6 when it serves a community charge demand notice. 2 A charging authority must supply the information prescribed in Part II of Schedule 6 when it serves a rate demand notice. 3 If it appears requisite to a charging authority when it serves a community charge demand notice or a rate demand notice that the information prescribed in Part I or Part II of Schedule 6 (as the case may be) should be supplied in English and in Welsh, instead of in English or in Welsh, it shall be so supplied. PART V PROVISION OF INFORMATION TO CHARGING AUTHORITIES Supply of information by precepting authorities 21 1 In order that a charging authority may fulfil the duty under regulation 20 to supply information with a community charge demand notice or a rate demand notice served by it, the relevant county council shall, when it issues a precept (whether original or substitute) to a charging authority for the relevant year, supply the charging authority with the information specified in paragraph (2). 2 The information is information, as regards the relevant county council and the precept concerned, as to– a the estimates mentioned in paragraphs 2 and 6 of Part I of Schedule 6; b the matters mentioned in paragraphs 3, 5, 7, 8, 9, 10, 11, 12, 13 and 14 of that Part. Supply of information by precepting authorities: transitional provision 22 1 Subject to paragraph (2), where a precept has been issued before the day on which these Regulations come into force (“the relevant day”), the information which would have been supplied to a charging authority under regulation 21 if these Regulations were then in force shall be supplied within 7 days of the relevant day. 2 Information need not be supplied under paragraph (1) on or after the relevant day if it was supplied voluntarily before that day.