SL(6)326 – The Council Tax (Additional Provisions for Discount Disregards) (Amendment) (Wales) Regulations 2023

Background and Purpose

The Council Tax (Additional Provisions for Discount Disregards) (Amendment) (Wales) Regulations (“the Regulations”) amend the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 (“the Discount Disregards Regulations”) in relation to Wales.

The Regulations amend the Discount Disregards Regulations to ensure that people from Ukraine who move on from residing with, or do not reside with a sponsor under the UK Government’s Homes for Ukraine Sponsorship Scheme do not continue to be disregarded for the purposes of a discount in relation to their own council tax liability. The Regulations amends Class H of the Discount Disregards Regulations to provide that the existing disregard only applies where a person who holds permission to enter or to stay in the United Kingdom under the Homes for Ukraine Sponsorship Scheme resides with a sponsor under that scheme.

The Welsh Government’s Explanatory Memorandum provides that the Discount Disregards Regulations are amended to ensure consistent and fair treatment with other Ukraine nationals who have secured their visa by either the Ukraine Family Scheme or the Ukraine Extension Scheme, and to ensure consistent treatment in relation to refugees and asylum seekers from other countries.

Procedure

Negative.

The Regulations made by the Welsh Ministers before they were laid before the Senedd.  The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd. 

Technical Scrutiny

The following point is identified for reporting under Standing Order 21.2 in respect of this instrument.

1. Standing Order 21.2(v) – that for any particular reason its form or meaning needs further explanation

In the preamble, section 116(1) of the Local Government Finance Act 1992 is cited as an enabling power. However, this appears to be incorrect as section 116(1) doesn’t confer any powers that are exercised by the Welsh Ministers in the making of these Regulations.

Section 116(1) is a general interpretation section that includes a definition of “prescribed” as meaning prescribed by regulations. That information is normally only included in a footnote to aid the reader, and isn’t cited in the preamble– see SIP 3.11.15 to 3.11.17, and 3.11.22.

Therefore, its citing in the preamble requires further explanation by the Welsh Government.

Merits Scrutiny  

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Welsh Government response

A Welsh Government response is required.

Legal Advisers

Legislation, Justice and Constitution Committee

1 March 2023