This page provides answers to questions that have been raised most frequently about the legality of Council Tax.
Which law states that it is a criminal offence not to pay Council Tax?
The liability to pay Council Tax falls under the Local Government Finance Act 1992 and later regulations. This is a statute created by a democratically elected Parliament of the United Kingdom and becomes law or `Act of Parliament’ when they receive Royal Assent.
Liability to pay Council Tax is set by The Council Tax (Administration and Enforcement) Regulations 1992. This gives local authorities the right to demand Council Tax which is used to fund essential local services.
Which law, not legislation, states that Council tax must be paid?
The liability to pay Council Tax falls under the Local Government Finance Act 1992 and later regulations. This is a statute created by a democratically elected Parliament of the United Kingdom and becomes law or `Act of Parliament’ when they receive Royal Assent.
Liability to pay Council Tax is set by The Council Tax (Administration and Enforcement) Regulations 1992. This gives local authorities the right to demand Council Tax which is used to fund essential local services.
Provide the authority which creates between your principal under whose authority you make your claim, Parliament Assembled and myself.
Authority to charge Council Tax is provided to the Council under Sections 1 and 5 of the Local Government Finance Act 1992
Provide a copy of the contract in which I agreed to pay Council Tax and that the terms and conditions are lawful.
Council Tax does not require a legal contract or signatures indicating an agreement. Council Tax is a creature of statute, and a contract is not required. Liability to pay Council Tax is set by The Council Tax (Administration and Enforcement) Regulations 1992 which gives local authorities the right to demand Council Tax which is used to fund essential local services.
Provide evidence that I am lawfully obliged to pay Council Tax
The hierarchy of who is considered to be the liable party is contained in the Local Governance Finance Act 1992 c14 Part 1, Chapter 1, Section 6-9. Individual agreement of this is not necessary.
Provide documents containing a wet ink signature
A signature is not necessary for the billing of Council Tax and no wet ink signature is mandatory on a Court summons eithers. Case law has clarified that the use of a rubber stamp or electronic signature is valid for the purpose of the Court signing a summons.
Proof that the Council have given full disclosure of the services being offered and that these services have been accepted by me.
With reference to Section 59A of the The Magistrates Court Act, who is the person for whose the benefit the payments are required to be made?
Section 59(1) of The Magistrates Court Act 1980 refers to one person ‘the debtor’ paying money periodically to another [person] ‘the creditor’. For these purposes, Wealden District Council would be the creditor.
A person is an entity such as a company, corporation or other body that can be recognised as having a legal personality such as having legal rights and being subject to obligations. Therefore, Wealden District Council is a legal person for the purposes of Section 59.
I want to know where my Council Tax is distributed and at what percentage.
Provide the previous three years of receipts for where the Council Tax funding is being spent.
Where can the full, accurate and complete accounting records, including supporting documents be inspected to show actual expenditure?
Provide a full list of all suppliers of goods and services to the Council where the Council and / or employees of the Council have any beneficial interest directly or indirectly, including family members.
DRAFT Statement of Accounts 21-22 – page 94
What is the design life of investment projects?
This would depend on the size and nature of the project
Provide your detailed build up of your claimed costs for a summons for each of the last 3 years.
Provide your detailed build up of your claimed costs for a liability order for each of the last 3 years.
Can you confirm if Wealden District Council holds a D-U-N-S number as issued by Dun & Bradstreet?
Yes, D-U-N-S number 232688697
This proves the Wealden District Council is considered a Corporation so does it comply with the Companies Act of 2006?
The D-U-N-S number is assigned to all types of business organisations including sole proprietorships, corporations, partnerships, non-profits and Government. Wealden District Council is a Local Government body.
Does either the Council or Parliament Assembled have any equitable or other interest in myself and if so, please details how that interest arose?
No
Can you confirm if the first Act of William and Mary 1688 is current statue law?
Can you confirm if the Bill of Rights 1688 is current statue law?
Can you confirm in the first sentence of the Bill of Rights 1688 affirms those acting in Parliament Assembled are the peoples representatives?
Can you confirm a representative is an agent acting on authority of of its principal?
Yes