Skip to content

Council Tax Info

Requested on
Tue 16th April, 2013
Reference
FOI 2891
Resolution
Information provided

Question

In reference to the Council Tax (Administration & Enforcement) Regulations 1992 (Reg 34. Application for liability order)

Please supply information to identify the £67.50 summons costs incurred by Charnwood Borough charge payers in relation to Council Tax recovery (from a legal standpoint):

Q1. Has the approval of these costs by Leicestershire Treasurer's Association any legal authority?

(Would for example a group of friends in a pup carry any more or less weight in the eyes of the law if approved by them)

Q2. Which Act of Parliament or Statutory Instrument provides for a pre-determined award of costs, agreed between the Council and Magistrates court, for issuing a summons in advance of the court hearing?

Q3. If relating to court costs, are they Magistrates' court costs?

Q4. If Magistrates' court costs, which Act of Parliament or Statutory Instrument provides for the award of these?

Q5. If the Magistrates' Court Act 1980, is s64 (Power to award costs and enforcement of costs) the appropriate section?

Q6. On laying a complaint in the Magistrates' Court for the issue of summons, please specify whether the application is made under s1 or s51 of the Magistrates' Courts Act 1980.

Answer

Q1. Has the approval of these costs by Leicestershire Treasurer's Association any legal authority?
The costs are approved by the Magistrates Court, not by the Local Authority.
    
Q2. Which Act of Parliament or Statutory Instrument provides for a pre-determined award of costs, agreed between the Council and Magistrates court, for issuing a summons in advance of the court hearing?
The Council Tax (Administration and Enforcement) Regulations 1992 (SI 1992/613).
    
Q3. If relating to court costs, are they Magistrates' court costs?
Part of the costs relate to Magistrates’ Court costs.
    
Q4. If Magistrates' court costs, which Act of Parliament or Statutory Instrument provides for the award of these?
The Magistrates’ Court Act 1980.
    
Q5. If the Magistrates' Court Act 1980, is s64 (Power to award costs and enforcement of costs) the appropriate section?
No Information held – This question would need to be addressed to the Magistrates’ Court.
    
Q6. On laying a complaint in the Magistrates' Court for the issue of summons, please specify whether the application is made under s1 or s51 of the Magistrates' Courts Act 1980.
The application is made under The Council Tax (Administration and Enforcement) Regulations 1992 (SI 1992/613).

Back to top