Council Tax Information Letter 12006

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Council Tax Information Letter 12006 Powered By Docstoc
					                                       Updating secondary Legislation
Council Tax
Information Letter                     We are aware that there are a number of financial limits in
                                       council tax secondary legislation that have not been
1/2006                                 updated for a number of years. The attached table sets
                                       out provisions that we believe are possible candidates for
                                       review. If there are others that you think we have missed,
The topics covered in this letter      please let us know. We will not be looking at possible
are:                                   changes to primary legislation, with the exception of
                                       penalties for failure to supply information in paragraphs 1
•   Updating Secondary Legislation     and 2 of the Local Government Finance Act 1992, which
•   The Non - Domestic Rating and      could be amended by an Order from HM Treasury. Nor
    Council Tax (Electronic
    Communications) (England)          are we at this stage looking for views on whether limits
    Order 2006                         should actually be updated or by how much. We will
•   Commission for Rural               consult formally once we have done some more work on
    Communities Report on the          this, subject to Ministerial approval.
    Reduced Second Homes Discount
    Revenue.                           Principal SI   Amending SI   Reference          Provision
•   Class G Exemption and Planning     1992/548       1998/291      Schedule           £160 per week maximum gross
    Restrictions Consultation                                       1(1)(c)(ii)        earnings to qualify for discount
                                                                                       disregard as an apprentice.
•   Magistrates' Court Fees
•   Questionnaire Analysis- Where      1992/552       1998/294      Schedule 1(1)(c)   £36 per week maximum gross
    Should We Be Focusing?                                                             earnings for discount disregard
•   Updating Stakeholder information                                                   as a carer under Part 1 of
                                                                                       Schedule 1.
•   Attachment of Earnings: A          1992/613       N/A           Regulation 39(1)   £1 maximum deduction that
    handbook for Employers                                                             employer may make for
                                                                                       administering an attachment of
                                                                                       earnings order.
                                       1992/613       1998/295      Schedule 4,        Weekly, monthly and daily
                                                                    Tables A,B,C       earnings limits for deductions of
                                                                                       earnings.
                                       1992/613       2003/2211     Schedule 5         Maximum fees that may be
                                                                                       charged in connection with
                                                                                       levying distress.
                                       1992/613       1994/505      Schedule 6         Maximum fees that may be
                                                                                       charged in connection with
                                                                                       obtaining a warrant of
                                                                                       commitment and an arrest
                                                                                       warrant.
                                       2003/2613      N/A           Schedule 3, Part   £100,000 maximum expenditure
                                                                    3, 4(c)            of a parish council before
                                                                                       breakdown of expenditure by
                                                                                       service and budget requirement
                                                                                       must be set out in information
                                                                                       accompanying demand notice
                                       The Non - Domestic Rating and Council Tax
                                       (Electronic Communications) (England) Order
                                       2006
                                       This Order (SI 2006/237) came into force on 1st March. It
                                       makes a minor amendment to the Council Tax
                                       (Administration and Enforcement) Regulations 1992, by
                                       updating the definition of 'electronic communication' to
                                       reflect that in the Electronic Communications Act 2000. It
                                       makes no change to how or to whom billing authorities
                                       may serve demand notices electronically. You can find the
                                       Order on the Office of Public Sector Information web-site
                                       at: http:/www.opsi.gov.uk/si/si2006/20060237.htm
                              The Commission for Rural Communities (CRC)
                              Report on the Reduced Second Homes
                              Discount Revenue
                              The CRC with DeMontfort University has undertaken an
                              evaluation of the use of the additional revenue that rural
                              authorities raised from reducing the discount on second
                              homes in 2004/05. Their findings will be launched on the
                              8th March 2006. Copies of both the CRC evaluation report
                              and DeMontfort University background research will be
                              available for downloading from the CRC website from that
                              day. Throughout March, a series of free 'show and tell'
                              events will be arranged across the country to share
                              examples of good practice identified during the evaluation,
                              focusing on the different approaches counties and local
                              authorities have taken to distribute the resources, types of
                              uses the money has been put to and successes and
                              problems encountered. To reserve a place on these
                              events please visit the CRC website, which can be found
                              at the following link:
                              www.ruralcommunities.gov.uk/article.asp?Aid+86&plD=1

                              Class G Exemption and Planning
                              Restrictions Preventing Occupancy
LGF CTBR - B                  As we mentioned in CTIL 6/2005, on Wednesday 21
Zone 5/D1                     December 2005, we published a consultation paper which
Eland House                   seeks views on a proposed amendment to Class G of the
Bressenden Place
LONDON SW1E 5DU               Council Tax (Exempt Dwellings) Order 1992.           The
Council.tax@odpm.gsi.gov.uk   amendment would clarify that an unoccupied dwelling in
                              England is exempt from council tax where a planning
Web site: www.odpm.gov.uk     condition prevents occupancy. This is a reminder that the
                              consultation period closes on 17 March.
March 2006

                              The consultation paper can be found on the ODPM
                              website at the following link:
                              www.odpm.gov.uk/lg/consult

                              Please send paper responses to David McDonald at the
                              address on page 3 of the consultation document or e-mail
                              responses to: counciltax.consultations@odpm.gsi.gov.uk.



                              Magistrates' Court Fees
                              Following the increases in January, the Department for
                              Constitutional Affairs anticipates that there will be no
                              further increases in fees in relation to council tax until April
                              2007. An amendment to 5.2 of the fees schedule in the
                              Magistrates' Courts Fees Order (SI 2005/3444), due to
                              come into force on 6 April will clarify that the fee at 5.2
                              relates to a summons for commitment.
Questionnaire Analysis - Where Should
We Be Focusing?
We have been greatly encouraged by the number of
returns we received (157 in total) and your helpful and
constructive comments. The strongest issue that came
through was that you see a need for more clarity about
and fewer barriers to information sharing to support
effective service delivery both within local authorities and
with other agencies. Two other concerns were very widely
shared. Firstly that the current rules on powers to make
deductions from income following the grant of a liability
order by the courts means that more costly and less
effective enforcement action has to be taken. Secondly
that backdating council tax adjustments to potentially as
far back as 1993 leads to a significant administrative
burden. Your feedback will help us direct our work and
the issues we put to Ministers for consideration.

Updating our list of stakeholders
We are currently updating our list of stakeholders to
ensure that we are getting our information to the right
people. If you wish to continue to receive our Council Tax
Information Letters could you please confirm by return of e
mail that you are the right point of contact and provide
your telephone number if possible.
If you are on our e mailing list but no longer wish to
receive information could you please also confirm this by
return of e mail.
If you know of anyone else who is interested or wishes to
receive our information could you pass this letter on or
forward their details.
If you have recently provided us with this information then
you do not need to re submit your details. Thank you for
your assistance with this.

Attachment of Earnings: A Handbook for
Employers

The      Department for    Constitutional    Affairs    are
currently updating this handbook with a view to an Autumn
publication. We're providing input to the chapters on
council tax and would like to know if any of you are still
collecting monies through community charge attachment
of earnings orders (CCAEO). If these have all now
ceased or are very exceptional, then we will remove
reference to them in the main body of the text in the
interests of brevity and simply refer the employer to the
billing authority if they have queries on a CCAEO. If
anyone would like to be involved in the redrafting of these
chapters please let us know.

				
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Description: Council Tax Information Letter 12006