§ Dr. Lynne JonesTo ask the Secretary of State for the Environment whether he will introduce amending legislation to amend regulation 16(1) of the Community Charges (Administration and Enforcement) Regulations 1989 to enable the collection of community charge arrears by way of attachment of earnings orders or deductions from income support in conjunction with postponed warrants of commitment to prison under regulation 41 of those same regulations.
§ Mr. BaldryA court will normally postpone a warrant of commitment under regulation 41(3)(b) of the Community Charge (Administration and Enforcement) Regulations 1989 on condition that a debtor repays a specified sum each week. The weekly payment will be decided by the court following an examination of the debtor's means. It would not therefore be appropriate for a further statutory deduction to be allowed from the debtor's income to recover that debt.
§ Dr. Lynne JonesTo ask the Secretary of State for the Environment whether he will introduce amending legislation to enable community charge charging authorities to apply to the magistrates courts to vary the order of that court if both charging authority and the debtor are agreed on a payment arrangement.
§ Mr. BaldryWe do not think that is necessary. Under the law as it stands there is nothing to prevent a debtor from paying an authority more than the amount specified in the court order if he agrees to do so. It would not be appropriate for the debtor to pay less than the amount specified in the order as this is the amount that the court has decided he should pay, following an examination of his means.