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IN THE FIRST-TIER TRIBUNAL APPEAL: EA/2017/0019

GENERAL REGULATORY CHAMBER


(INFORMATION RIGHTS)

BETWEEN:

Appellant
and

THE INFORMATION COMMISSIONER


Respondent

EXHIBIT 2
Out of date bailiff fee schedule
NORTH EAST LINCOLNSHIRE COUNCIL
FINANCE DEPARTMENT
CIVIC OFFICES, KNOLL STREET
NORT~
EAS~ CLEETHORPES DN358LN
LINCOLNSHIRE
COUNCIL
www.nelincs.gov.uk Telephone: 01472323760 Fax: 01472 323746

If it becomes necessary to send your case to the bailiffs you could incur the following charges which
will be payable in addition to your outstanding Council Tax. Note: if the bailiffis in possession of
more than one Liability Order the charges set out below will be applied to each of those Orders.

I) Where the bailiffs visit your premises for the first or only time
with the intention to levy distress (but where no levy is made). 24.50

2) Where the Bailiffs visit for the second time with the intention to
levy distress (but where no levy is made). 18.00

3) For levying distress:


The lesser of -
(i) the amount of costs and fees reasonably incurred; and
(ii) where the amount outstanding at the time of the levy is 100 or less; 24.50
(iii) where the sum outstanding at the time of the levy is more than I 00

22.5 % on the first 100 of the sum due,


4 % of the next 400,
2.5% on the next 1,500
1% on the next 8,000

.25% on any additional sum

4) for one attendance with a vehicle with the intention to remove goods
(where following a levy goods are not removed). -Reasonable costs & fees incurred.
5) for the removal and storage of goods for the purposes of sale -Reasonable costs & fees incurred.
6) For the-posseSSIon of goods-under a 'close possession' -.----.------- --. --- ---
agreement (see notes below). - 15.00 per day
7) For the possession of goods under a 'walking possession'
agreement (see notes below) - 12.00

8) For the appraisement (valuation) of an item distrained


upon, at the request from the debtor in writing. - Following the debtor being
informed reasonable fees &
expenses of the broker
appraising.

9) For other expenses & commission on a sale by auction


(i) where the sale is held on the auctioneers premises. -The auctioneers commission fees
& out of pocket expenses (but not
exceeding 15% ofthe sum
realised). together with
reasonable costs & fees in respect
of advertising.

(ii) Where the sale is held on the debtors premises; As above but substitute 7.5% for 15%

10) For advertising costs where no sale takes place


because of full payment. 24.50 or the actual costs incurred
to a maximum of 5% of the amount in respect of which the Liability
Order was made, whichever is the
greater.
STATUTORY INSTRUMENTS

2007 No. 501

COUNCIL TAX, ENGLAND

RATING AND VALUATION, ENGLAND

The Council Tax and Non-Domestic Rating (Amendment)


(England) Regulations 2007

Made - - - - 20th February 2007


Laid before Parliament 27th February 2007
Coming into force - - 1st April 2007

The Secretary of State, in exercise of the powers conferred by


(a) section 143(2) of, and paragraphs 1 and 3(2) of Schedule 9 to, the Local Government
Finance Act 1988(a); and
(b) paragraphs 5(2)(c) and (e) and 7(2)(b) of Schedule 4 to the Local Government Finance
Act 1992(b),

makes the following Regulations:

Citation, commencement and application


1.(1) These Regulations
(a) may be cited as the Council Tax and Non-Domestic Rating (Amendment) (England)
Regulations 2007, and
(b) come into force on 1st April 2007.
(2) These Regulations apply in relation to billing authorities in England only.
(3) Regulation 3(3) does not apply in relation to an attachment of earnings order made before 1st
April 2007.

Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists)


Regulations 1989
2.(1) The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations
1989(c) are amended as follows.

(a) 1988 c.41. These powers are devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly
for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the reference to the Local Government Finance Act 1988
in Schedule 1.
(b) 1992 c.14. These powers are devolved, in relation to Wales, to the National Assembly for Wales by the National Assembly
for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the reference to the Local Government Finance Act 1992
in Schedule 1.
(c) S.I. 1989/1058; relevant amending instruments are S.I. 1993/774, 2003/2210 and 2006/3395.

[DCLG 4099]
(2) In paragraph 2(1)(b) of Schedule 3 (charges connected with distress), for 22.5 per cent
substitute 24.5 per cent.

Amendment of the Council Tax (Administration and Enforcement) Regulations 1992


3.(1) The Council Tax (Administration and Enforcement) Regulations 1992(a) are amended
as follows.
(2) In Schedule 3 (form of attachment of earnings order), for the paragraph which starts with the
words On [date] the [name] Magistrates Court substitute
On [date] the [name] Magistrates Court made a liability order under regulation 34 of the
Council Tax (Administration and Enforcement) Regulations 1992 against the person named
above.
Under regulation 37 the authority which applied for the liability order, [name of authority],
may make an attachment of earnings order to secure the payment of the appropriate
amount, which under regulation 37(1A) is the aggregate of
(a) any outstanding sum which is or forms part of the amount in respect of which the
liability order was made, and
(b) such additional sums and costs as are specified in regulation 37(1A)(b).
Calculated in accordance with regulation 37(1A) the appropriate amount in relation to this
order is [amount].(b).
(3) In Schedule 4 (deductions to be made under attachment of earnings order), in the fifth and
sixth rows of column (1) of Table A (deductions from weekly earnings), for 335 substitute
355.
(4) In paragraph 2(1)(b) of Schedule 5 (charges connected with distress), for 22.5 per cent
substitute 24.5 per cent.

Signed by authority of the Secretary of State for Communities and Local Government

Phil Woolas
Minister of State
20th February 2007 Department for Communities and Local Government

(a) S.I. 1992/613; relevant amending instruments are S.I. 1993/773, 1998/295, 2003/2211 and 2006/3395.
(b) Regulation 37(1A) was inserted, in relation to England, by S.I. 2004/927.

2
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Non-Domestic Rating (Collection and Enforcement) (Local Lists)
Regulations 1989 (the 1989 Regulations) and the Council Tax (Administration and
Enforcement) Regulations 1992 (the 1992 Regulations). They come into force on 1st April
2007 and apply in relation to billing authorities in England. The amendments in regulation 3(3),
which concern attachment of earning orders, do not apply to orders made before 1st April 2007
(regulation 1).
Regulations 2(2) and 3(4) amend paragraph 2(1)(b) of Schedule 3 to the 1989 Regulations and
paragraph 2(1)(b) of Schedule 5 to the 1992 Regulations respectively. Those Schedules specify
charges connected with the recovery of unpaid non-domestic rates and council tax by levying
distress on the debtors goods. Most of the charges were increased by S.I. 2006/3395 (the 2006
Regulations), which came into force on 31st January 2007 and will apply from 1st April 2007.
Those increases were in line with inflation and increases in court fees over the period since the
1989 Regulations and the 1992 Regulations were last updated. The amendments made by
regulations 2(2) and 3(4) ensure that charges for levying distress are consistent with the other
changes made by the 2006 Regulations.
Regulation 3(2) amends the form of attachment of earnings order in Schedule 3 to the 1992
Regulations. The revised wording explains more fully the relationship between regulation 34
(application for liability order) and regulation 37 (making of attachment of earnings order) of the
1992 Regulations.
Regulation 3(3) amends Table A of Schedule 4 to the 1992 Regulations, which specifies amounts
which must be deducted from a persons weekly net earnings by reference to specified levels of
that persons net earnings. Those levels were increased by the 2006 Regulations in line with
changes in the average earnings index over the period since the 1992 Regulations were last
updated. One of the changes made by the 2006 Regulations was incorrect. Regulation 3(3)
substitutes the correct amount.
A full regulatory impact assessment has not been produced for this instrument, as no impact on the
private or voluntary sectors is foreseen.