The Council Tax (Administration and Enforcement) Regulations 1992

gavin dalton made this Freedom of Information request to Ministry of Justice

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The request was partially successful.

Dear Ministry of Justice,
Under section 46 of Council Tax (Administration and Enforcement) Regulations 1992 which can be found here http://www.legislation.gov.uk/uksi/1992/...

limb 2 states 'The appeal shall be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved'

1. Who would send the summons to the authority?
2. is there any legislation that governs the issuing of the summons refered to above.
3. Is there a definition of 'complaint'

Yours faithfully,

gavin dalton

Lark, Alex,

1 Attachment

Please find attached the acknowledgement of your Freedom of Information
act request.

 

Kind regards,

 

Alex

 

Alex Lark 

PA to Director of Crime & Enforcement│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

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Dear Lark, Alex,
please send this request for internal review.
I find it totally unacceptable that the Ministry of Justice has not followed the law in this instance.

Yours sincerely,

gavin dalton

Lark, Alex,

1 Attachment

Please find attached the response to your freedom of information act
request.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liaison Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

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South East KILO,

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Dear Mr Dalton,
 
Please find response to internal review 38202 attached. I have also
included the response to your original Freedom of Information request
reference 87541.
 
Kind Regards
 
South East Regional Support Unit
[email address]
South East GoldFax: 0870 739 4026
 
 
 

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Dear South East KILO,
Thank your for your reply.
In reference to the above quoted legislation.
1.Are there any circumstances when a complainant would send a summons to the Local Authority?
2.Can the Court authorise the complainant to send the summons?
3. Would the complainant draft the summons?

Yours sincerely,

gavin dalton

Lark, Alex,

1 Attachment

Please find attached the acknowledgement of your freedom of information
act request.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liaison Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
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Communications via the GSi may be automatically logged, monitored and/or
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Lark, Alex,

1 Attachment

Please find attached the response to your freedom of information act
request.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liaison Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
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could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
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Communications via the GSi may be automatically logged, monitored and/or
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Dear Lark, Alex,
Thank you for your reply. There seems to be a contradiction from your reply of the 28 January 2014
In your reply of the 28th Jan you state
"1.1). The court is responsible for sending the summons to the local authority."
but in your reply of 28 feb you state:
"2. Yes, the Court checks the summons to ensure they are lawful before they are returned to the Local Authority to send.

a. Please confirm which process is correct, does the court send the summons, or does the court return it to the local authority to send?

You also state in your reply of the 28th Feb that the complainant is the local authority. This FOI request relates to section 46(http://www.legislation.gov.uk/uksi/1992/...)
not to section 34, which is what you seem to of related it to as you state the Local Authority is the complainant.
I understand that the 2 sections quoted are almost identical. Particuly the words "The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to"
obviously from your replies there is a different procdure for issue of the summons depending on if it is made under section 34 or section 46. Under section 46 you state it is the Court who send the summons, but under section 34 it is the complainant(the billing authority) who send the summons.
b. please provide details of any documents that allow the Billing Authority to send the summons under sec 34.

There seems to be a different interpretation of the words 'requesting the issue of a summons'between sec 34 46
c. Can you please detail any recorded information that explains the different interpretation. Ie that allows the Biliing authority to send and draft the summons under section 34, but that it is the Courts responsibility under sec 46

Yours sincerely,

gavin dalton

Arnold Layne (Account suspended) left an annotation ()

Lark, Alex,

1 Attachment

Please find attached the acknowledgement of your freedom of information
act request.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liaison Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
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copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Lark, Alex,

1 Attachment

Please find attached the response to your freedom of information act
request.

 

Kind regards,

 

Alex

 

Alex Lark 

Knowledge & Information Liaison Officer│ HM Courts & Tribunals Service
│Crime Directorate  

2.21, 2nd Floor, 102 Petty France, London, SW1H 9AJ

Tel: 0203 334 4057

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
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Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.