The Council Tax and Non-Domestic Rating (Powers of Entry: Safeguards) (England) Order 2015

UK Statutory Instrument 2015 No. 982 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 26 March 2015
In force from: 1 October 2015
Extent: Not stated
Subject: Education, social security, pensions and public services
Made under: Protection of Freedoms Act 2012

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order amends the Local Government Finance Act 1988 (“the 1988 Act”) and the Local Government Finance Act 1992 (“the 1992 Act”) to prescribe a new requirement that must be fulfilled before a valuation officer may exercise the powers of entry conferred by those Acts for the purposes of council tax valuation and non-domestic rating. It also makes amendments to the required notice period before exercising the powers under the 1988 Act, and changes the fine level specified in the 1992 Act. The amendments apply only in relation to England. Article 2 amends Schedule 9 to the 1988 Act to insert paragraph 6B, which makes new provision for powers of entry in England in relation to non-domestic hereditaments which are to be valued for the purposes of non-domestic rating. The valuation officer must obtain approval from the First-tier Tribunal prior to exercising the power. Having received approval the valuation officer must give 3 working days’ notice, in writing, before exercising the power. Paragraph 7 of Schedule 9 is amended so that it applies only in relation to Wales. Article 3 inserts section 25A of the 1992 Act, which makes new provision for powers of entry in England in relation to dwellings which are to be valued for the purposes of council tax. The valuation officer must obtain approval from the First-tier Tribunal prior to exercising the power. Having received approval the valuation officer must give 3 working days’ notice, in writing, before exercising the power. The level of fine specified for the offence of delaying or obstructing a valuation officer in the exercise of the power is level 1 on the standard scale. Section 26 of the 1992 Act is amended so that it applies only in relation to Wales. An impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

Offences created by this instrument

A person who wilfully delays or obstructs a person in the exercise of a power under this paragraph is liable on… article 2(2) · Status not determined · Requires proof of a state of mind
Powers of entry: England article 25A(6) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Council Tax and Non-Domestic Rating (Powers of Entry: Safeguards) (England) Order 2015 Lords · Grand Committee · 23 March 2015 · Lord Ahmad of Wimbledon
That the Grand Committee do consider the Council Tax and Non-Domestic Rating (Powers of Entry: Safeguards) (England) Order 2015. Relevant document: 25th Report from the Joint Committee on Statutory Instruments
Council Tax and Non-Domestic Rating (Powers of Entry: Safeguards) (England) Order 2015 Lords · Grand Committee · 23 March 2015
Business without Debate Commons · Commons Chamber · 25 March 2015 · Mr Deputy Speaker (Mr Lindsay Hoyle)
With the leave of the House, we shall take motions 5 to 10 together. Motion made, and Question put forthwith (Order, 24 March and Standing Order No. 118(6)), Pesticides That the draft Public Bodies (Abolition of the Advisory Committees on Pesticides) Order 2015, which was laid before this House on 15 December 2014, be approved. Social Services That the draft Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015, which was laid before this House on 5 February, be approved. Statistics Board That the draft Statistics and Registration Service Act 2007 (Disclosure…
Greater Manchester Combined Authority (Amendment) Order 2015 Lords · Lords Chamber · 25 March 2015
Council Tax and Non-Domestic Rating (Powers of Entry: Safeguards) (England) Order 2015

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2015