Legislation regarding Council Tax
Council Tax pays for the services in your area. Without this, we could not provide essential services or help those in need.
Our authority to charge Council Tax comes from the Local Government Finance Act 1992. This statute, created by a democratically elected Parliament of the United Kingdom which has received the assent of the Crown and subsequent statutory regulations, sets out a local authority’s rights to demand Council Tax to fund services and who is liable to pay.
Council Tax is not a direct charge for services we provide. It is a statutory tax levied on occupiers (and some owners), of dwellings within the council's area. Council Tax is not a direct charge for individual services received - the amount collected is paid into a central fund to enable us to provide services for the benefit of the community as a whole.
The Freeman of the Land movement and similar groups commonly believe that people are only bound by the contracts and laws they have consented to. However, contract law and alleged rights under common law are not the same as legislation relating to the administration and collection of Council Tax.
Your liability to pay
You do not have a choice of whether you are liable for Council Tax, as liability is determined in accordance with the statutory law. Being a ‘freeman’ does not exempt anyone from paying Council Tax.
Your liability for Council Tax is not dependant on and does not require your consent or the existence of a contractual relationship with the council. An assertion to the contrary is incorrect and has no legal basis. If you have any concerns over the charging of Council Tax, please seek proper legal advice, rather than relying on internet sources, before withholding payments.
The legislation that covers Council Tax is freely available from the government website, including:
- Local Government Finance Act 1992
- Council Tax (Administration and Enforcement) Regulations 1992
- Council Tax (Demand Notices) (England) Regulations 2011
We have provided the legislation that authorises councils to charge Council Tax and we will endeavour to answer all relevant Council Tax enquiries, however, we will not respond to lengthy enquiries that focus on ancient legislation or hypothetical arguments which do not appear to have any legal basis. These enquiries use our limited resources at the expense of other taxpayers. If you have concerns over the charging of your Council Tax, please seek reputable legal advice.
Acts and statutes
Some customers have asked whether Acts and Statutes are an obligation on them, asked about the difference between a statute and law and other similar questions about legal matters. Acts of Parliaments are statutes which set out the law. The council exists to provide essential services to residents.
If you have questions about other Acts of Parliament or laws, these should be directed to a legal professional, not the council.
Requests for information about Council Tax and Business Rates
A Freedom of Information request (FOI) is about data the council holds. Questions asking us if we are bound by acts and statutes do not constitute an FOI.
If you have a question about liability, follow the correct appeal process as detailed on our website. For more information, see How much do you have to pay?
We will direct you to seek independent professional legal advice if you question whether you are bound by UK law.
Incorrect or inaccurate objections and queries received
The council has a responsibility to charge and recover Council Tax, but this does not mean it introduces a fiduciary relationship. This misunderstanding has led to the council receiving a high number of invalid objections or queries. Some of which are detailed here, with an explanation as to why.
Request to provide an autographed lawful contract with you, with both of our autographs.
Some residents consider that Council Tax is a contract and requires a legal contract and signatures indicating an agreement. This is incorrect. As mentioned above, Council Tax is a creature of statute, and a contract is not required. Therefore, any reference to the Companies Act, Contracts Act, Bills of Exchange Act or other acts regarding companies or contracts is irrelevant.
A variation of this question is ‘Please provide evidence that I’ve agreed with you that you can lawfully collect an alleged debt from me.’ Again, this is inconsequential, as there hasn’t been an exchange of contracts or agreement. Neither is required for the levy and recovery of Council Tax.
Request to provide evidence that I am lawfully obliged to pay Council Tax.
Individual agreement of this is not necessary. The hierarchy of who is considered to be the liable party is contained in the Local Government Finance Act 1992 c14 Part 1, Chapter 1, Sections 6-9.
Request to provide evidence that you have the lawful and contractual authority to use the legal fictional name of “XXX” for the purposes of making money.
Whether a name is legal or fictional is irrelevant for the purposes of Council Tax. Council Tax is charged and is payable by whoever the liable party is, which is determined by reference to the Local Government Finance Act 1992 and Council Tax (Administration and Enforcement) Regulations 1992.
Provide confirmation the debt exists lawfully.
The issue of a Council Tax Demand Notice (the bill) creates the debt. A signature or agreement from a resident is not necessary for Council Tax, it is a tax, not a contract. The Magistrates Courts (Amendment) Rules 2019 removed the requirement for a signature on a Court summons. Previous case law has clarified that the use of a rubber stamp or an electronic signature are both valid for the purpose of the court signing a summons.
I’m a Freeman of the Land and am not liable.
Considering yourself to be a Freeman of the Land does not mean you can choose which laws you adhere to and which you ignore.
Please state if you are a company or a corporation.
Enfield Council is a local authority within the Public Sector and as such, it is not a company or a corporation.
Please provide evidence that you have my consent to hold my data.
Under Regulation 8 of the Data Protection Act 2018, we do not require your consent to process data that is necessary for the performance of a task carried out in the public interest or in the exercise of the controller’s official function conferred by an enactment or rule of law.
I won’t accept correspondence that isn’t signed, agreed with or I haven’t got a contract with.
Anyone who ignores Council Tax communications or withholds their payment, will have recovery action taken against them. As explained, there is no requirement for your consent, agreement or a contract to be liable for Council Tax.
The summons is illegal as it wasn’t issued by the court.
The summons is issued by the Magistrates Court, when the application (complaint) is approved and endorsed by the court’s Legal Advisor and the council informed of the outcome. The summons may then be printed by the complainant, and this is the normal custom in relation to all summonses. It is the responsibility of the person applying for a summons to serve it on the respondent and Rule 99 of the Magistrates Court Rules 1981 sets out how that may be done, which includes by post. There is no agreement between the courts and Local Authorities to do this, as it is the legal duty of the Local Authority. Therefore, the summons is issued by the court, but printed on their behalf, and posted by the Local Authority.
I want a copy of the liability order.
The Magistrates Court, who award Liability Orders, publish a list of the names and addresses of those charge payers against whom an order was granted, together with the amount they owe. The granting of a Liability Order is a legal process and not an actual document, as such, it cannot be evidenced in the form of a document. We produce Liability Order Notices to inform the debtor, but this is not a legal requirement.