Liability Orders

Dear David Phillips

Thank you for your e-mail requesting information under the Freedom of Information Act 2000. Your request is being considered and you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.

For your information, the Act defines a number of exemptions which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be Informed if this is the case, including your rights of appeal.

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If you have any queries or concerns then please contact [Hyndburn Borough Council request email] .

Yours sincerely

FOI Co-ordinator
Hyndburn Borough Council

This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Hyndburn Borough Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail.

Dear David Phillips

Your request for information under the Freedom of Information Act 2000 has been considered and a response is below:

1. The Council do utilise and make use of space in the Magistrates' Court when exercising any of our functions that allow us to bring, defend or be witness to cases that are being heard in the Magistrates' Court.

2. The Council pay the relevant Non-Criminal Magistrates Court Fee for each application for a liability order, as outlined in The Magistrates Court Fees Order 2014

If you have any queries or concerns or if you are dissatisfied with the handling of your request then please contact me at Legal and Democratic Services, Hyndburn Borough Council, Scaitcliffe House, Ormerod Street, Accrington, Lancashire BB5 0PF or: [Hyndburn Borough Council request email]

If you are still dissatisfied then you can also complain to the Information Commissioner at:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Telephone: 01625 545 700 www.informationcommissioner.gov.uk

Yours sincerely

FOI Co-ordinator
Hyndburn Borough Council

This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Hyndburn Borough Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail.

Dear David Phillips

1. What 'crimes' are being committed by failing to pay council tax on time?
Following a failure to pay Council Tax in accordance with the instalments, the Council will then commence relevant further recovery action in accordance with The Council Tax (Administration and Enforcement) Regulations 1992

2. The courts informed me they neither produce liability orders or hold details of anyone failing to pay council tax.
Who is it that produces the liability orders?
There is no copy of an actual liability order . The liability order is not in itself an actual document. It is a legal decision by the court confirming that the Council Tax is owed and liability for Council Tax has been determined. Details of all relevant Council Tax accounts for which a Liability Order is to be granted against is signed by the Magistrates on the court date is the actual document that gives the Local Authority the proceed with further action to collect the unpaid Council Tax.

3. Who sends out the liability orders?
Please refer to details above in question 2.

4. When the council makes use of court time for non payers of council tax, what is the councils legal role in the courts.
The Councils role is within the provisions of Section 223 of Local Government Finance Act 1972, and
The Council Tax (Administration and Enforcement) Regulations 1992

5. Who is it summonses non payers to the Magistrates 'criminal' court even though they havent commited a 'criminal' offence?
The Council Tax (Administration and Enforcement) Regulations provide that a justices clerk is empowered to consider complaint and issue a summons, in the manner of justice of the peace by the Justices Clerks Rules 1970.

6. Please provide me with a template copy of an actual liability order....not a notification of liability order being issued nor a copy of a list, but an Actual liability order.
Please refer to details above in question 2 and 3.

Kind regards
FOI Coordinator

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Dear David Philips

Hyndburn Borough Council responded to your FOI and consequent further questions on the 23.05.23 and 20.06.23.
Please see below:

-------------------------------------------------------------------

From: foirequests
Sent: 20 June 2023 14:56
To: 'David Phillips' <[FOI #980644 email]>; foirequests <[Hyndburn Borough Council request email]>
Subject: RE: Hyndburn Borough Council FOI/7654 response

Dear David Phillips

1. What 'crimes' are being committed by failing to pay council tax on time?
Following a failure to pay Council Tax in accordance with the instalments, the Council will then commence relevant further recovery action in accordance with The Council Tax (Administration and Enforcement) Regulations 1992

2. The courts informed me they neither produce liability orders or hold details of anyone failing to pay council tax.
Who is it that produces the liability orders?
There is no copy of an actual liability order . The liability order is not in itself an actual document. It is a legal decision by the court confirming that the Council Tax is owed and liability for Council Tax has been determined. Details of all relevant Council Tax accounts for which a Liability Order is to be granted against is signed by the Magistrates on the court date is the actual document that gives the Local Authority the proceed with further action to collect the unpaid Council Tax.

3. Who sends out the liability orders?
Please refer to details above in question 2.

4. When the council makes use of court time for non payers of council tax, what is the councils legal role in the courts.
The Councils role is within the provisions of Section 223 of Local Government Finance Act 1972, and The Council Tax (Administration and Enforcement) Regulations 1992

5. Who is it summonses non payers to the Magistrates 'criminal' court even though they havent commited a 'criminal' offence?
The Council Tax (Administration and Enforcement) Regulations provide that a justices clerk is empowered to consider complaint and issue a summons, in the manner of justice of the peace by the Justices Clerks Rules 1970.

6. Please provide me with a template copy of an actual liability order....not a notification of liability order being issued nor a copy of a list, but an Actual liability order.
Please refer to details above in question 2 and 3.

Kind regards
FOI Coordinator

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