Council tax surcharges

The request was successful.

Dear City of Edinburgh Council,

Can you tell me what the surcharge is for regarding when the sheriff officers are pursing unpaid council tax.

Yours faithfully,

tommy

Freedom of Information, City of Edinburgh Council

Hi Tommy - in order for us to comply with your request we need your full name? Once have your full name I will log your request for you.

Kind regards
William Ross

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Dear Freedom of Information,

tommy wright

Yours sincerely,

tommy

City of Edinburgh Council

Mr Tommy Sinclair

Our ref: 17595

Dear Mr Sinclair

Acknowledgement of Request

Subject: Council Tax Surcharges

Thank you for your request for information received on 29/01/2018. I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event. This means we have until 28/02/2018 to respond to your request.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Information Rights Officer 4, City of Edinburgh Council

Mr Tommy Wright

 

[1][FOI #460557 email]

 

Our ref: 17595

 

 

Dear Mr Wright

 

Freedom of Information (Scotland) Act 2002 - Release of Information

 

Subject: Council Tax Surcharges

 

Thank you for your request for information of 29/01/2018 where you asked
the following:

 

Can you tell me what the surcharge is for when the sheriff officers are
pursing unpaid council tax?

 

Your request has been processed and considered under the Freedom of
Information (Scotland) Act 2002 and the information is provided below.

 

A 10% Statutory Surcharge is added at the point the warrant is granted by
the Sheriff Court and is set out in the primary legislation to take
account of the additional cost of recovery. The 10% surcharge is based on
the balance due for the year proceeding to warrant at that time. Where
further action by way of “diligence” (recovery) is required, Sheriff
Officers are required to serve a Charge for Payment and if diligence
(recovery) is required there are fees for wages and bank arrestment which
are set by statutory instrument and cannot be varied by the City of
Edinburgh Council or the Sheriff’s Officer (Scott & Co.).

 

The Council Tax (Administration and Enforcement) (Scotland) Regulations
1992 and the Local Government (Scotland) Act 1947 empower the Council to
recover reasonable costs from defaulters with the approval of the Courts.
The Council has no discretion in the level of Court costs which are
governed by legislation. Additional charges for diligence (recovery) are
as follows:

 

+------------------------------------------------------------+
|Charge for Payment | £79.10|
|------------------------------------------------+-----------|
|Additional Copy | £17.85|
|------------------------------------------------+-----------|
|Bank Arrestment | £79.10|
|------------------------------------------------+-----------|
|Earning Arrestment (including Postage outlay) | £58.93|
+------------------------------------------------------------+

 

To promote transparency and accountability, please note it is the
Council’s policy to publish all request details and responses made under
the freedom of information legislation. This information will be made
available through the Council’s website and will not include your personal
details. The disclosure log is available at the following link:
http://www.edinburgh.gov.uk/homepage/175...

 

Your right to seek a review

 

If you are unhappy with the way we have dealt with your request, you can
ask us to review our actions and decisions by writing to the:

 

Head of Strategy & Insight

The City of Edinburgh Council

Waverley Court Business Centre 2:1

4, East Market Street

Edinburgh

EH8 8BG or,

Email: [email address]

 

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please quote
the reference number above in any future communications.

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website: www.itspublicknowledge.info/Appeal

Email: [email address]

 

Yours sincerely,

 

 

 

Iain Burden

Information Rights Officer

 

 

Information Governance Unit

Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340

[Edinburgh City Council request email] www.edinburgh.gov.uk

 

 

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1. mailto:[FOI #460557 email]

Dear Information Rights Officer 4,

Thank you for that very useful piece of information.

A couple of points.

The manager within Edinburgh council tax division told me that The Council Tax (Administration and Enforcement) (Scotland) Regulations 1992 wasn't valid anymore. l would like to thank you for confirming that this is and has to be valid. As this is your guidelines, procedures and rules regarding administration and enforcement.

Can you show me the exact law (referencing) that the courts approve of the council enforcement in relating to pursuing council tax by the methods you already are?

Also, the table you have provided are and is the only fee's to be expected from the sheriff officers. Can you tell me what a PENALTY CHARGE is and where does this originate from? As l have been given a penalty charge yet the table you provided does not list the penalty charge.

Yours sincerely,

tommy

City of Edinburgh Council

Mr Tommy Wright

Our ref: 17967

Dear Mr Wright

Acknowledgement of Request

Subject: Enforcement by the council in relation to pursuing council tax plus definition of Penalty Charge

Thank you for your request for information of 27/02/2018 which was received on 27/02/2018. In your request you asked for the following;

Can you show me the exact law (referencing) that the courts approve of the council enforcement in relating to pursuing council tax by the methods you already are?

Also, the table you have provided are and is the only fee's to be expected from the sheriff officers. Can you tell me what a PENALTY CHARGE is and where does this originate from? As l have been given a penalty charge yet the table you provided does not list the penalty charge.

I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event. This means we have until 27/03/2018 to respond to your request.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

City of Edinburgh Council

Mr Tommy Wright

[FOI #460557 email]

Our ref: 17967

Dear Mr Wright

Freedom of Information (Scotland) Act 2002 - Release of Information

Subject: Council Tax (Administration and Enforcement) (Scotland) Regulations 1992

Thank you for your request for information of 27/02/2018 where you asked the following further to previous request reference 17595:

The manager within Edinburgh council tax division told me that The Council Tax (Administration and Enforcement) (Scotland) Regulations 1992 wasn't valid anymore. I would like to thank you for confirming that this is and has to be valid. As this is your guidelines, procedures and rules regarding administration and enforcement.

Can you show me the exact law (referencing) that the courts approve of the council enforcement in relating to pursuing council tax by the methods you already are?

Also, the table you have provided are and is the only fee's to be expected from the sheriff officers. Can you tell me what a PENALTY CHARGE is and where does this originate from? As l have been given a penalty charge yet the table you provided does not list the penalty charge.

Your request has been processed and considered under the Freedom of Information (Scotland) Act 2002 and the information is provided below.

The Council Tax (Administration and Enforcement) (Scotland) Regulations 1992 are valid and adhered to in the collection of Council Tax. However, there have been updates and amendments to these regulations over the years. Details of these amendments can be found at www.legislation.gov.uk or at the appropriate page through the following link.

http://www.legislation.gov.uk/all?title=...

Local Government Finance Act 1992 Schedule 8 is the primary legislation for Council Tax enforcement by Summary Warrant in Scotland.

The Penalty Charge as quoted is the 10% Statutory Surcharge which is added at the point the warrant is granted by the Sheriff Court and is set out in the primary legislation to take account of the additional cost of recovery. The 10% surcharge is based on the balance due for the year proceeding to warrant at that time.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175...

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can ask us to review our actions and decisions by writing to the:

Head of Strategy & Insight
The City of Edinburgh Council
Waverley Court Business Centre 2:1
4, East Market Street
Edinburgh
EH8 8BG or,
Email: [email address]

Please note that your request must be in a recordable format (email, letter, audio tape etc.), and that you have 40 working days upon receipt of this letter to ask for a review. You will receive a full response to your review request within 20 working days of its receipt. Please quote the reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website: www.itspublicknowledge.info/Appeal
Email: [email address]

Yours sincerely,

Iain Burden
Information Rights Officer

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk