And what happens to people liable under section 6 of Local Government Finance Act 1992 who decides not to consent to pay the council tax charge?
Lothian,
Please take a deep breath, sit down and consider this. Here are some facts. You can check each of them for yourself.
The Local Government Finance Act (1992) is Statute. It is not the Law of England. It is not the law of Scotland. Or Wales. Or Northern Ireland. It's a piece of leglislation made by the Parliament. It's an Act of Parliament. But it's NOT the law.
Why not ? It's not the law because all Statutes made by Parliament require the consent of the governed to be acted on. Without exception. And that's what Statutes are. They are the products of Parliament. But the Parliament does not make laws. It makes Statutes.
The Parliament can make all kinds of things. It can (contrary to law) go to war. It can occupy another nation. Illegally. But the actual LAW is something else. And it's the law I am speaking of. Not statutes.
The Local Government Finance Act (1992) allows CORPORATE bodies to contract with people in respect of local goods and services. Which we know as the Council Tax.
Their method is simple. They assume you consent to their bills and they send you a bill. You will notice that it's not quantified. Your bill is presented as something you 'MUST' pay. It looks like 'the law'. In fact, it's their offer under contract law to provide you with goods and services. Which you can consent to receive, or not, as you please.
Most people accept it automatically. Partly because they believe 'it's the law' and partly because they genuinely want these goods and services. But other people don't want these goods and services and they exercise their right not to consent to receiving them. By writing back and declining their offer.
The system is so rigidly controlled that they will then write back to you offering to discuss the matter further at their place of business. This is called a Summons. And you are summoned to appear at their place of business. It's all made to look really threatening.
At their place of business (a court of the Maritime Law/Commercial Law) you will be pressured to conform to their demand. Whether you have consented to their offer or not.
And, to prevent becoming a victim of their legalese you state, in advance, and at the hearing, that you do not consent to their offer because you do not wish to contract with them for these goods and services. That you are there to resolve the matter amicably and according to the law of England.
It may sound strange to you. But no more strange than your discovery that this court is made up of corporate employees operating under a law which is not the law of the land.
So, at the end of the day, the Statutory Power requires your consent and you are simply exercising your lawful right to decline it.
You DO have the power of consent, don't you ? To a commercial offer of contract ?
If you are unsure about this may I suggest your read the law of England which expressly says that both parties must consent before any contract can exist.
Regards