SL(5)320 – The Council Tax (Administration and Enforcement) (Amendment) (Wales) Regulations 2019

Background and Purpose

These Regulations amend the Council Tax (Administration and Enforcement) Regulations 1992 (S.I. 1992/613) (“the 1992 Regulations”).

Regulation 2 makes amendments to the 1992 Regulations to remove the power of billing authorities in Wales to apply to a magistrates' court for the issue of a warrant committing a council tax debtor to prison.  Regulation 3 makes transitional provision.

Procedure

Negative

Technical Scrutiny

No points are identified for reporting under Standing Order 21.2 in respect of this instrument.

Merits Scrutiny

The following point is identified for reporting under Standing Order 21.3(ii) in respect of this instrument - that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Assembly.

The Regulations remove the power of local authorities to apply for a warrant committing a council tax debtor to prison.  Although the Explanatory Memorandum does not indicate the number imprisoned annually as a result of such a warrant, the Regulations will result in a reduction in the numbers imprisoned for short periods.

Implications arising from exiting the European Union

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Government Response

No government response is required.

Legal Advisers

Constitutional and Legislative Affairs Committee

15 February 2019