The Community Charges (Registration) (Scotland) Regulations 1988

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 provide that, in the application of section 13 of the Act to community water charges by virtue of paragraph 11 of Schedule 5 to the Act, section 13 shall have effect subject to certain adaptations and exceptions. Their effect is that there is not to be a separate register for community water charges but matters relating to such charges are to be specified in the community charges register (regulation 3).

The Regulations prescribe certain additional matters to be specified in the register and make provision as to the form of the register (regulations 4 and 5).

The Regulations prescribe 1st October 1988 as the date when the register is to come into force (regulation 6(2)) and they require the registration officer, within a period of 42 days thereafter, to send to every person registered in the register a copy of the entry relating to him, together with a notice in the form prescribed in Schedule 1 (regulation 7).

The Regulations 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 2). They also prescribe the period within which the registration officer is required to determine any request to make or amend an entry in the register (regulation 10).

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

The Regulations 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 in respect of the premises (regulation 12). They also prescribe an inquiry form and supplementary inquiry form to be used for this purpose (Schedules 3 and 4) and the period within which any person is required to supply the registration officer with information which he requires (regulation 13).

The Regulations 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 such as the dates on which a record of the parts of the register which members of the public may inspect is to be made, the places and the manner in which this record is to be available for inspection, the fee payable for a copy or certified copy thereof and the price at which it may be available for sale (regulations 16-18). They prescribe the class of premises whose collective community charge multiplier is not to be available for public inspection in the register (regulation 15). They prescribe 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 (regulation 19).