Council Orders made in Magistrates courts

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Dear Her Majesty’s Courts and the Tribunals Service,
I require you to confirm the legislation that clarifies 'which civil jurisdiction' is enforceable when council convening a 'non HMCTS' hearing in a magistrates court for a statutory obligated tax debt? where is this recorded?

I require you to confirm which legislation clarifies what judicial rules are in play during these non HMCTS hearings? where is this recorded?

I require you to confirm that 'legal consideration' must and is required to be applied to each and every order made in these non HMCTS hearings; as per the legislation they are made under.

I require you to confirm which legislation covers that the issuing of the liability orders is a judicial or administration function?

I require you to confirm that a 'justice of the peace' must sign each Liability order and that under current legislation the Justice of the Peace must be identifiable when they sign?

I require you to confirm that the identifiable, justice of the peace, who signs the liability orders actually work for the council or do they work for the court - where is this recorded and under what legislation?

These questions it under the Freedom of Information Act (2000) and they must NOT be treated as official correspondence.

Yours faithfully,

Darren Dale

HMCTS Customer Service (Correspondence), HM Courts and Tribunals Service

Dear Mr Dale

 

Thank you for your email, which has been passed to this team to respond. 

 

I understand that you do not want this request dealt with as official
correspondence but I must explain that your enquiry does not fall under
the Freedom of Information regime is being treated by the department as
'Official Correspondence'.  It may be helpful if I explain that the
Freedom of Information Act (2000) gives individuals and organisations the
right of access to all types of recorded information held, at the time the
request is received, by public authorities such as the Ministry of Justice
(MoJ).  Section 84 of the Act states that in order for a request for
information to be handled as a Freedom of Information (FOI) request, it
must be for recorded information.  For example, a Freedom of Information
request would be for a copy of a policy, rather than an explanation as to
why we have that policy in place.  On occasion, the Ministry of Justice
receives requests that do not ask for recorded information, but ask more
general questions about, for example, a policy, opinion or a decision. 

 

All cases are handled in accordance with relevant legislation, which you
can view online at www.legisation.gov.uk.  HMCTS administrative staff are
not legally qualified and are unable to provide analysis or interpretation
of legislation.  If you have any concerns or queries about how to
interpret legislation, then you may wish to seek independent legal
advice.  Any Citizens Advice office provides free, confidential and
impartial advice on a range of matters.  You could also contact Civil
Legal Advice on their telephone helpline on 0345 345 4345 or find more
about the service they provide at www.gov.uk/civil-legal-advice.

 

Under section 51 of the Magistrates’ Court Act 1980 a person can apply to
the Magistrates’ Court for a summons. If it is granted, it is customary
that the person applying drafts their own summons and serve on the debtor,
which in the case of Council Tax is the Local Authority. These documents
are both legal and lawful.

 

The process governing and authorising the issue of council tax summons is
determined by the following pieces of legislation:

 

The Magistrates' Courts Act 1980

www.legislation.gov.uk/en/ukpga/1980/43/...

 

Part 7 and Part 2 (rule 2.4) of the Criminal Procedure Rules
www.justice.gov.uk/courts/procedure-rule...

 

The Justices' Clerks Rules 2005

www.legislation.gov.uk/en/uksi/2005/545/...

 

Kind regards

 

Karen Hamilton

Customer Investigations Officer | HMCTS Customer Directorate

 

 

 

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