Local Government Finance Act 1992 (c. 14)

(The document as of February, 2008)

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(1) This section makes provision in relation to the carrying out by the local assessor of any functions conferred or imposed on him by or under this Part.

(2) The local assessor shall have access to and the use of any information available to--

(a) the assessor for the purposes of the Valuation Acts;

(b) the community charges registration officer; or

for his area.

(3) In any case where--

(a) a notice is served by a local assessor on a regional, islands or district council, a housing body or on any other person prescribed for the purposes of this section; and

(b) the notice requests the supply of information of a description specified in the notice; and

(c) the information relates to property and is information which the local assessor reasonably believes will assist him in carrying out any of his functions under this Part,

the council or other person shall supply the information requested, and shall do so in such form and manner and at such time as the local assessor specifies in the notice.

(4) For the purpose of carrying out any of his functions under this Part, a local assessor may serve on a person who is or has been an owner or occupier of any dwelling in his area a notice--

(a) requesting him to supply to the local assessor information which is of a description specified in the notice; and

(b) stating that the local assessor believes the information requested will assist him in carrying out those functions.

(5) A person on whom a notice is served under subsection (4) above shall supply the information requested if it is in his possession or control, and shall do so in such form and manner as is specified in the notice and within the period of 21 days beginning with the day on which the notice is served.

(6) If a person on whom a notice has been served under subsection (4) above fails to comply with subsection (5) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) If, in supplying information in purported compliance with subsection (5) above, a person on whom a notice has been served under subsection (4) above--

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale or both.

(8) If in the course of the exercise of their functions any information comes to the notice of a levying authority which they consider would assist the local assessor in carrying out any of his functions under this Part, they shall give him that information.

(9) It shall be a defence for a person charged with an offence under subsection (6) above to prove that he had a reasonable excuse for acting as he did.

91 Information about lists

(1) A person may require a local assessor to give him access to such information as will enable him to establish what is the state of a list, or has been its state at any time since it came into force, if--

(a) the local assessor is maintaining the list; and

(b) the list is in force or has been in force at any time in the preceding 5 years.

(2) A person may require a levying authority to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if--

(a) the authority has deposited the copy under section 85(5) above; and

(b) the list is in force or has been in force at any time in the preceding 5 years.

(3) A person may require a levying authority to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if--

(a) the authority has deposited the copy under section 85(3) above; and

(b) the list itself is not yet in force.

(4) A requirement under subsection (1), (2) or (3) above must be complied with at a reasonable time and place and without payment being sought; but the information may be in documentary or other form, as the person or authority of whom the requirement is made thinks fit.

(5) Where access is given under this section to information in documentary form the person to whom access is given may--

(a) make copies of (or of extracts from) the document;

(b) require a person having custody of the document to supply to him a photographic copy of (or of extracts from) the document.

(6) Where access is given under this section to information in a form which is not documentary the person to whom access is given may--

(a) make transcripts of (or of extracts from) the information;

(b) require a person having control of access to the information to supply to him a copy in documentary form of (or of extracts from) the information.

(7) If a reasonable charge is required for a facility under subsection (5) or (6) above, the subsection concerned shall not apply unless the person seeking to avail himself of the facility pays the charge.

(8) If a person having custody of a document containing, or having control of access to, information access to which is sought under this section--

(a) intentionally obstructs a person in exercising a right under subsection (1), (2), (3), (5)(a) or (6)(a) above; or

(b) refuses to comply with a requirement under subsection (5)(b) or (6)(b) above,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(9) It shall be a defence for a person charged with an offence under subsection (8) above to prove that he had a reasonable excuse for acting as he did.

92 Information about proposals and appeals

(1) A person may, at a reasonable time and without making payment, inspect any proposal made or notice of appeal given under regulations made under section 87 above, if made or given as regards a list which is in force when inspection is sought or has been in force at any time in the preceding five years.

(2) A person may--

(a) make copies of (or of extracts from) a document mentioned in subsection (1) above; or

(b) require a person having custody of such a document to supply to him a photographic copy of (or of extracts from) the document.

(3) If a reasonable charge is required for a facility under subsection (2) above, that subsection shall not apply unless the person seeking to avail himself of the facility pays the charge.

(4) If a person having custody of a document mentioned in subsection (1) above--

(a) intentionally obstructs a person in exercising a right under subsection (1) or (2)(a) above; or

(b) refuses to supply a copy to a person entitled to it under subsection (2)(b) above,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) It shall be a defence for a person charged with an offence under subsection (4) above to prove that he had a reasonable excuse for acting as he did.

Setting of the tax

93 Setting of council tax

(1) In respect of the financial year 1993-94 and each subsequent financial year, a local authority shall--

(a) set an amount of regional, islands or district council tax, as appropriate, to be paid in respect of a chargeable dwelling in their area listed in valuation band D (whether or not there is such a dwelling in their area) as specified in section 74(2) above;

(b) determine the amount of council tax to be paid in respect of a chargeable dwelling in each of the other valuation bands specified in that section in accordance with the proportion mentioned in subsection (1) of that section,

and references in this Part to the setting of a council tax or of an amount of council tax shall be construed as references to the setting of the amount mentioned in paragraph (a) above.

(2) A local authority shall set its council tax before 11th March in the financial year preceding that for which it is set but it is not invalid merely because it is set on or after that date.

(3) The amounts mentioned in paragraphs (a) and (b) of subsection (1) above shall be such as will provide sufficient money to meet such part of the total estimated expenses to be incurred by that authority during the financial year in respect of which the amount is set as falls to be met out of their council tax, together with such additional sum as is, in their opinion, required--

(a) to cover expenses previously incurred;

(b) to meet contingencies;

(c) to meet any expenses which may fall to be met before the money to be received in respect of their council tax for the next following financial year will become available.

(4) In calculating, for the purposes of subsection (3) above, such part of the total estimated expenses to be incurred by a local authority as falls to be met out of council tax, account shall be taken of any means by which those expenses may otherwise be met or provided for.

94 Substituted and reduced settings

(1) Subject to subsection (3) below, a local authority may set, in substitution for an amount of council tax already set or deemed to have been set, a lesser amount of council tax for the same financial year.

(2) Schedule 7 to this Act has effect for the purpose of making provision as to the reduction of council tax where the Secretary of State is satisfied, in accordance with that Schedule, that the total estimated expenses mentioned in section 93(3) above of a local authority are excessive or that an increase in those expenses is excessive.

(3) A local authority may not set a substitute amount of council tax during the period between the approval by the House of Commons of a report in respect of that authority made by the Secretary of State under paragraph 1 of that Schedule and the setting or deemed setting of a reduced amount of council tax under paragraph 3 of that Schedule.

(4) Section 93(2) above shall not apply for the purposes of this section.

(5) A local authority who, in respect of any financial year, set (or are deemed to have set) a substituted or reduced council tax shall neither wholly nor partially offset the difference between--

(a) the amount produced by that substituted or reduced setting; and

(b) the amount which would have been produced had they not substituted or reduced their setting,

with sums advanced from their loans fund established under Schedule 3 to the 1975 Act:

Provided that such offsetting may nevertheless be permitted by the Secretary of State in any case on such terms and conditions as he considers appropriate.

(6) If the Secretary of State is of the opinion that subsection (5) above, or any term or condition imposed under the proviso thereto, has been contravened, the local authority shall, on such opinion being intimated to them, reimburse their loans fund forthwith or within such time as the Secretary of State may allow.

(7) Anything paid by reference to one setting of council tax shall be treated as paid by reference to a substitute setting under subsection (1) above or a reduced setting or deemed setting by virtue of paragraph 3 of Schedule 7 to this Act.

(8) Where a person has paid by reference to one setting of council tax more than is due under a substituted or reduced setting--

(a) the balance shall be repaid to the person if he so requires;

(b) in any other case the balance shall (as the levying authority determine) either be repaid to the person or be credited against any subsequent liability of the person to pay in respect of any council tax due to the authority.

(9) Where--

(a) a substitute amount of council tax has been set under subsection (1) above; or

(b) a reduced amount of council tax has been set or been deemed to have been set under paragraph 3 of that Schedule,

the regional council shall levy and collect that substituted or reduced amount in place of the previous amount of council tax and may recover from the district council any administrative expenses incurred in so doing in relation to a substituted or reduced amount of district council tax.

95 District council tax: setting and collection

(1) In relation to each financial year, a regional council shall estimate the amount which would be produced by each of the district council taxes for that year in each district in their region as that amount falls to be ascertained in pursuance of regulations made under subsection (6) below.

(2) For the purpose of making the estimate mentioned in subsection (1) above, the regional council shall assume that in respect of the financial year concerned both the regional council and the district council set £1, or such other amount as may be prescribed, as the amount mentioned in section 93(1)(a) above.

(3) The regional council shall, before such date as may be prescribed in relation to each financial year, notify the council of each district in their region of the estimate made under subsection (1) above in relation to that district for that financial year.

(4) In respect of the financial year 1993-94 and each subsequent financial year, every district council shall, within two days of the date mentioned in section 93(2) above, intimate to the regional council within whose region their district falls--

(a) the amount of district council tax they have set; and

(b) such further information with respect to the district council tax as may reasonably be needed by the regional council for the purpose of issuing notices in accordance with regulations made under paragraph 2 of Schedule 2 to this Act.

(5) A regional council shall be liable to pay to the council of each district in their region, in respect of the district council tax for any financial year, the amount produced in the district by that tax; and shall, in accordance with such arrangements as may be prescribed, make payments to the district council on account of that liability.

(6) For the purposes of subsection (5) above, the amount produced in a district by the district council tax for a financial year shall, subject to subsection (7) below, be ascertained after the end of that year in such manner as may be prescribed, and--

(a) if that amount exceeds the aggregate amount of payments on account made under subsection (5) above, the balance shall be paid by the regional council to the district council; and

(b) if that amount is less than the said aggregate amount, the balance shall be set off against payments on account under subsection (5) above in respect of the next following financial year.

(7) The Secretary of State may prescribe what deductions are to be made in estimating and ascertaining the amount produced by each of the regional and district council taxes levied by a regional council.

(8) There shall be taken into account, in the calculation of the amount which a regional council are liable, under subsection (5) above, to pay to a district council, the amount of any council tax and council water charge which has been collected by the district council under paragraph 19 of Schedule 2 to this Act and is due but has not been paid to the regional council.

(9) The amount which a regional council are liable to pay under subsection (5) above to a district council shall, if not paid by such date as may be prescribed, attract interest at such rate as may be prescribed.

96 Information

(1) Within 21 days after setting a council tax, a local authority shall publish in at least one newspaper circulating in their area a notice of--

(a) the provision of this Act under which the council tax has been set; and

(b) the amounts payable in respect of chargeable dwellings in each valuation band.

(2) Failure to comply with subsection (1) above does not make the setting of an amount invalid.

Levying and collection of the tax

97 Levying and collection of council tax

(1) An islands authority shall levy and collect the islands council tax set by them in respect of their area.

(2) A regional authority shall levy and collect--

(a) the regional council tax set by them in respect of their area; and

(b) the district council tax set by each district in their area.

(3) Schedule 2 to this Act (which contains provisions about administration, including collection) shall have effect.

(4) Schedule 3 to this Act (which contains provisions about civil penalties) shall have effect.

(5) Schedule 8 to this Act (which contains provisions about the recovery of sums due, including sums due as penalties) shall have effect.

Miscellaneous and supplemental

98 Information required by Secretary of State

(1) Subsection (2) below applies where--

(a) the Secretary of State serves a notice on a levying authority requiring them to supply to the Secretary of State information specified in the notice;

(b) the information is in the possession or control of the authority and was obtained by them for the purpose of carrying out their functions under this Act; and

(2) The authority shall supply the information required, and shall do so in such form and manner and at such time as the Secretary of State specifies in the notice.

(3) Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied by the authority; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual.

99 Interpretation of Part II

(1) In this Part and in sections 107 to 112 below, unless the context otherwise requires--

"the 1947 Act" means the [1947 c. 43.] Local Government (Scotland) Act 1947;
"the 1956 Act" means the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956;
"the 1968 Act" means the [1968 c. 47.] Sewerage (Scotland) Act 1968;
"the 1973 Act" means the [1973 c. 65.] Local Government (Scotland) Act 1973;
"the 1975 Act" means the [1975 c. 30.] Local Government (Scotland) Act 1975;
"the 1980 Act" means the [1980 c. 45.] Water (Scotland) Act 1980;
"the Valuation Acts" means the [1854 c. 91.] Lands Valuation (Scotland) Act 1854, the Acts amending that Act, and any other enactment relating to valuation;
"apportionment note" has the meaning assigned to it in paragraph 1 of Schedule 5 to this Act;
"council tax" shall be construed in accordance with the provisions of section 70(1) above;
"council water charge" shall be construed in accordance with the provisions of paragraph 6 of Schedule 11 to this Act;
"levying authority" means a regional or islands council;
"local authority", except in Schedule 11, means a regional, islands or district council;
"housing body" means--
(a)
a district council;
(b)
a development corporation (within the meaning of the [1968 c. 16.] New Towns (Scotland) Act 1968); or
(c)
Scottish Homes;
"part residential subjects" means lands and heritages which are used partly as the sole or main residence of any person, other than--
(a)
dwellings (except the residential part of part residential subjects);
(b)
such other class or classes of lands and heritages as may be prescribed;
"public sewage treatment works" has the meaning assigned to it in section 59(1) of the 1968 Act;
"public sewer" has the meaning assigned to it in section 59(1) of the 1968 Act;
"rateable value" shall be construed in accordance with the provisions of section 6 of the 1956 Act;
"resident", in relation to any dwelling, means an individual who has attained the age of 18 years and has his sole or main residence in the dwelling; and cognate expressions shall be construed accordingly;
"valuation appeal committee" means a valuation appeal committee established under section 4 of the 1975 Act;
"water authority" has the meaning assigned to it in section 3 of the 1980 Act.

(2) In this Part and sections 107 to 112 below and in any other enactment, whether passed or made before or after the passing of this Act, and unless the context otherwise requires--

(a) the word "rate" shall mean--

(i) the non-domestic rate;

(ii) the non-domestic water rate; and

(iii) the non-domestic sewerage rate;

(b) the expression "non-domestic rate" shall be construed in accordance with the provisions of section 37 of the 1975 Act;

(c) the expression "non-domestic water rate" shall be construed in accordance with the provisions of section 40 of the 1980 Act; and

(d) the expression "non-domestic sewerage rate" shall be construed in accordance with the provisions of paragraph 19 of Schedule 11 to this Act,

and cognate expressions shall be construed accordingly.

(3) In this Part--

(a) any reference to dwellings listed in a particular valuation band shall be construed in accordance with section 74(5) above; and

(b) any reference to an amount payable in respect of council tax for any financial year includes a reference to an amount payable in respect of council tax for any period falling within that year.

Part III Community Charges

100 Abolition of community charges

(1) No person shall be subject to a community charge in respect of any day falling after 31st March 1993.

(2) In this section "community charge" means--

(a) in relation to England and Wales, any community charge provided for by the 1988 Act;

(b) in relation to Scotland, any community charge or community water charge provided for by the 1987 Act.

101 Transitory exemption for school leavers

(1) After paragraph 5 of Schedule 1 to the 1988 Act (personal community charge: exemption) there shall be inserted the following paragraph--

" School leavers

5A A person is an exempt individual on a particular day if--

(a) he is aged under 20 on the day,

(b) the day falls within the period of 6 months beginning with 1 May 1992,

(d) the course was not undertaken in consequence of an office or employment held by him. "

(2) After sub-paragraph (1) of paragraph 6A of Schedule 1A to the 1987 Act (personal community charge: exemption) there shall be inserted the following sub-paragraph--

" (1A) If such a person as is mentioned in sub-paragraph (1) above ceases to undertake such a course of education on or after 30th April 1992, he shall continue to be exempt until the start of the earlier of the following days--

(a) 1st November 1992,

(b) his twentieth birthday. "

102 Transitory enforcement provisions for England and Wales

(1) Schedule 4 to the 1988 Act (community charges: enforcement) shall be amended as follows.

(2) In paragraph 7 (distress), after sub-paragraph (3) there shall be inserted the following sub-paragraph--

" (3A) The regulations may include provision that--

(a) no person shall make a distress unless he is an officer of the authority concerned, or he is a person of a prescribed description and any prescribed conditions are fulfilled;

(b) no person making a distress shall seize goods of a prescribed description. "

(3) In paragraph 8 (commitment to prison), in sub-paragraph (1)(a), for the words "it appears to the authority that no (or insufficient) goods of the debtor can be found" there shall be substituted 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".

(4) After paragraph 13 there shall be inserted the following paragraph--

" Admissibility of evidence

13A (1) Regulations under this Schedule may include provision that, in any proceedings before a magistrates' court under any provision included by virtue of the preceding provisions of this Part of this Schedule--

(a) a statement contained in a document of record shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible; and

(b) a certificate which is made with respect to a document of record produced by a computer and purports to be signed by a responsible person shall be admissible as evidence of anything which is stated in it to the best of his information and belief.

(2) In this paragraph--

"document of record" means a document constituting or forming part of a record compiled by the authority concerned;
"responsible person" means a person occupying a responsible position in relation to the operation of the computer;
"statement" includes any representation of fact, whether made in words or otherwise. "

(5) In paragraph 15 (joint and several liability), in sub-paragraph (3), for the words "it appears to the authority concerned that no (or insufficient) goods of that person can be found" there shall be substituted 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 chargeable person".

Part IV Miscellaneous

Social security

103 Council tax benefit

Schedule 9 to this Act (which amends the Social Security Acts so as to make provision for benefit in respect of council tax in Great Britain) shall have effect.

English and Welsh provisions

104 Non-domestic rating, grants and funds

Schedule 10 to this Act (which amends the provisions of the 1988 Act relating to non-domestic rating, grants and funds) shall have effect.

105 Grants to voluntary organisations

In section 48 of the [1985 c. 51.] Local Government Act 1985 (grants to voluntary organisations), after subsection (4) there shall be inserted the following subsection--

" (4A) The Secretary of State may by order provide that if--

(a) a scheme requires the total expenditure to be incurred under the scheme in any financial year--

(i) in the making of grants; and

(ii) in the discharging by the designated council of its functions under the scheme,

to be approved in accordance with the scheme by some or all of the constituent councils; and

(b) the total expenditure to be incurred in any financial year is not approved as required by the scheme before such date as may be specified in relation to that financial year in the order,

the constituent councils shall be deemed, subject to any order which has been or may be made under subsection (5) below, all to have given their approval for that financial year to total expenditure of an amount equal to the amount that was approved or, as the case may be, deemed to have been approved for the preceding financial year. "

106 Council tax and community charges: restrictions on voting

(1) This section applies at any time to a member of a local authority, or a member of a committee of a local authority or of a joint committee of two or more local authorities (including in either case a sub-committee), if at that time--

(a) a sum falling within paragraph 1(1)(a) of Schedule 4 to this Act; or

(b) a sum falling within paragraph 1(1)(a), (b), (d) or (ee) of Schedule 4 to the 1988 Act (corresponding provisions with respect to community charges),

has become payable by him and has remained unpaid for at least two months.

(2) Subject to subsection (5) below, if a member to whom this section applies is present at a meeting of the authority or committee at which any of the following matters is the subject of consideration, namely--

(a) any calculation required by Chapter III, IV or V of Part I of this Act;

(b) any recommendation, resolution or other decision which might affect the making of any such calculation; or

(c) the exercise of any functions under Schedules 2 to 4 to this Act or Schedules 2 to 4 to the 1988 Act (corresponding provisions with respect to community charges),

he shall at the meeting and as soon as practicable after its commencement disclose the fact that this section applies to him and shall not vote on any question with respect to the matter.

(3) If a person fails to comply with subsection (2) above, he shall for each offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale, unless he proves that he did not know--

(a) that this section applied to him at the time of the meeting; or

(b) that the matter in question was the subject of consideration at the meeting.

(4) A prosecution for an offence under this section shall not be instituted except by or on behalf of the Director of Public Prosecutions.

(5) Subsections (1) to (3) of section 97 of the [1972 c. 70.] Local Government Act 1972 (removal or exclusion of liability etc.) shall apply in relation to this section and any disability imposed by it as they apply in relation to section 94 of that Act and any disability imposed by that section.

(6) In this section "local authority" has the same meaning as in sections 94 and 97 of the [1972 c. 70.] Local Government Act 1972.

Scottish provisions

107 Water and sewerage charges

(1) Parts I to III of Schedule 11 to this Act shall have effect in relation to water and sewerage charges in respect of the financial year 1993-94 and subsequent financial years.

(2) The 1980 Act shall have effect subject to the amendments made in Part IV of that Schedule.

108 Payments to local authorities by Secretary of State

(1) The Secretary of State may, in respect of the financial year 1993-94 and each subsequent financial year--

(a) make grants, (to be known as "revenue support grants") to local authorities; and

(b) distribute among local authorities the money recovered by way of non-domestic rates ("non-domestic-rate income") in that financial year.

(2) Schedule 12 to this Act has effect in relation to revenue support grant and the recovery and distribution of non-domestic rate income.

109 Council tax grants

(1) If regulations under section 80 above have effect in respect of a financial year the Secretary of State may, with the consent of the Treasury, pay a grant to a levying authority as regards that financial year.

(2) The amount of the grant shall be such as the Secretary of State may with the consent of the Treasury determine.

(3) A grant under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the consent of the Treasury determine.

(4) In making any payment of grant under this section the Secretary of State may impose such conditions as he may with the consent of the Treasury determine; and the conditions may relate to the repayment in specified circumstances of all or part of the amount paid.

(5) In deciding whether to pay a grant under this section, and in determining the amount of any such grant, the Secretary of State shall have regard to his estimate of any amount which, in consequence of the regulations, the authority might reasonably be expected to lose, or to have lost, by way of payments in respect of council tax as it has effect for the financial year concerned.

110 Amendments to the 1975 Act in relation to non-domestic rates

(1) After section 7 of the 1975 Act there shall be inserted the following section--

" 7A Provisions as to setting of non-domestic rates

(1) The Secretary of State shall, in respect of the financial year 1993-94 and each subsequent financial year, prescribe for each local authority a rate which shall be their non-domestic rate in respect of that year.

(2) Non-domestic rates shall be levied in accordance with section 7 of this Act by each rating authority in respect of lands and heritages--

(a) which are subjects (other than part residential subjects) in respect of which there is an entry in the valuation roll, according to their rateable value or, where a rateable value has been prescribed or determined in respect of the lands and heritages under section 128 of the [1988 c. 41.] Local Government Finance Act 1988, according to that rateable value; or

(b) which are part residential subjects, according to that part of their rateable value which is shown in the apportionment note as relating to the non-residential use of those subjects or, where a rateable value has been prescribed or determined in respect of the lands and heritages under section 128 of the [1988 c. 9.] Local Government Finance Act 1988, according to that part of that rateable value which is so shown in the apportionment note.

(3) The rates prescribed under subsection (1) above shall be known--

(a) in the case of the regional council, as the non-domestic regional rate;

(b) in the case of the district council, as the non-domestic district rate; and

(4) References (however expressed) in any enactment to the non-domestic rate determined by a local authority shall be construed as references to the non-domestic rate prescribed for the local authority under this section.

(5) A statutory instrument containing any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(2) For section 7A of the 1975 Act there shall be substituted the following section--

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