FOI request (FOIR-310577889)

LPA 1925 s.136 Deed of Assignment

Requested Wed 24 February 2021
Responded  Fri 01 October 2021

LPA 1925 s.136 Deed of Assignment

1. Does your council tax billing authority assign information and data to any partnership service provider or other organisation for the purpose of collection and enforcement of council tax.

2. Please provide a list and give the precise name and/or company number you have a data sharing policy with. If this is an internal partnership, provide the name of the partnership and department within this partnership and confirm who you share these services with and how they are authorised and who by to process and share this data.

3. Do you give notice of this assignment to the data subject whose data has been assigned or does your assignee give notice instead. And at which stage is a data subject's data processed and shared with your agents.

4. What chose in action and upon which assignment is a claim bought by the council and/or your agents for enforcement. Please state whether the council billing authority agency or other service provider agent is bringing the claim on behalf of your council, in the name of the Council.

5. Please provide the precise sections of the acts, rules and regulations that confirms payment of council tax is mandatory.

Response

Please accept my apologies for the delay in responding. The department that held the requested information was dealing with all the COVID-19 Business Grants taking them away from day to day duties.

1. Hastings Borough Council administers and collects Council Tax in compliance with the Local Government Finance Act 1992. The Law and Property Act 1925 is not applicable to Council Tax debt as it deals principally with the transfer of freehold or leasehold land by deed. Data is shared with third parties, this is done in compliance with the Local Government Finance Act 1992.

2. Data sharing agreements are in place with the following:

· Marston (Holdings) Limited

· Experian Ltd

3. As stated above, Hastings Borough Council administers and collects Council Tax in compliance with the Local Government Finance Act 1992 - notice of assignment is not required, nor is the assignee required to give notice as this relates to The Law and Property Act 1925.

4. Again, as above, Hastings Borough Council administers and collects Council Tax in compliance with the Local Government Finance Act 1992 - assignment is not applicable.

5. Hastings Borough Council administers and collects Council Tax in compliance with the Local Government Finance Act 1992. The obligation to pay Council Tax derives from statute.