The Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Courts) (Wales) Regulations 2001

Made13th March 2001

Coming into force in accordance with regulation 1

The National Assembly for Wales makes the following Regulations, in exercise of the powers conferred on the Secretary of State by paragraphs 1 and 13(b) of Schedule 4 and paragraph 1 of Schedule 9 to the Local Government Finance Act 19881 and paragraphs 1(1) and 13(b) of Schedule 4 to the Local Government Finance Act 19922 and of all other powers enabling the Secretary of State in that behalf and now vested in the National Assembly for Wales3.

Citation, commencement and application1

1

These Regulations may be cited as the Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Courts) (Wales) Regulations 2001

2

Subject to paragraph (3), these Regulations shall come into force on 1st April 2001.

3

Regulation 3 shall come into force on the day on which section 90 (transfer of clerks' functions to chief executives) of the Access to Justice Act 1999 comes into force4

4

These Regulations apply to Wales only.

Amendment of Regulations

2

1

In each of the provisions to which paragraph (2) applies, for “stipendiary magistrate” substitute “District Judge (Magistrates' Courts)”5.

2

The provisions to which this paragraph applies are:

a

regulation 47(2) of the Community Charges (Administration and Enforcement) Regulations 19896;

b

regulation 21(2) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 19897; and

c

regulation 53(2) of the Council Tax (Administration and Enforcement) Regulations 19928.

3

1

In each of the provisions to which paragraph (2) applies, for “clerk of the court” substitute “justices' chief executive for the court”9 .

2

The provisions to which this paragraph applies are:

a

regulation 52(4) of the Community Charges (Administration and Enforcement) Regulations 198910;

b

regulation 23 (4) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 198911); and

c

regulation 57(3) of the Council Tax (Administration and Enforcement) Regulations 199212.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 199813.

D.Elis ThomasThe Presiding Officer of the National Assembly13th March 2001

(This note does not form part of the Regulations)

The Regulations, which come into force in accordance with regulation 1, amend, in relation to Wales, the following instruments to take account of the coming into force of section 78 of, and Schedule 11 to, the Access to Justice Act 1999 (c. 22) which unify and rename the stipendiary magistrates' bench and of section 90 of and Schedule 13 to that Act which provide for the transfer of the administrative functions of justices' clerks to justices' chief executives namely,

the Community Charges (Administration and Enforcement) Regulations 1989;
the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989;
the Council Tax (Administration and Enforcement) Regulations 1992.

In relation to England corresponding provision has been made in respect of the unification and renaming of the stipendiary bench by the Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Court) (England) Regulations 2000 (S.I.2000/2026) and is to be made by further regulations in respect of the transfer of the administrative functions of justices' clerks to justices' chief executives.