BILL OR DEMAND?
Which is a Negotiable Instrument?
1. Demand:
A demand typically refers to a formal request for payment. It can be issued by a creditor or a billing authority (such as a local council for council tax) to indicate that payment is due. A demand often specifies the amount owed and the deadline for payment.
2. Bill:
A bill is a detailed statement of charges for goods or services provided. It outlines what the charges are for, the total amount due, and the payment terms. Bills are usually sent after goods or services have been rendered, providing a summary of the transaction.
To summarise, a demand is a request for payment, while a bill is a detailed account of charges related to a specific transaction.
A Demand is issued under the jurisdiction of public law (Local Government Finance Act 1992), whereas a Bill is issued under the jurisdiction of commercial law (Bills of Exchange Act 1882).
Councils cannot issue a Bill under commercial jurisdiction and then attempt to enforce it under public law jurisdiction. Therefore, they must issue a Demand if they wish to enforce it under the LGFA1992 or related legislation.
A "Bill of Exchange" is clearly defined by the Bills of Exchange Act 1882.
https://www.legislation.gov.uk/ukpga/Vict/45-46/61/section/3
"Bill of exchange defined.
(1) A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.(2) An instrument which does not comply with these conditions, or which orders any act to be done in addition to the payment of money, is not a bill of exchange."
This up-to-date legislation is fully & legally binding upon all businesses and corporations. All councils are registered companies with DUNS numbers and are provable private businesses operating for profit. This legislation applies to all councils and all courts.
