# The Business Improvement Districts (England) Regulations 2004, Paragraph 13: Joint owners and occupiers: enforcement

Extent: E+W+S

(1) Part 3 of and Schedules 3 and 4 to the 1989 Regulations, shall have effect, with the following modifications, for the recovery of a sum for which persons are liable under section 46 of the Act as applied by paragraph 12.
(2) A reminder notice shall be served in accordance with regulation 11(1) and (2) of the 1989 Regulations on every person against whom an application for a liability order is to be made.
(3) Paragraph 12(3) to (6) applies to a reminder notice as it applies to a notice under this Schedule.
(4) A liability order may be applied for and made against one or more of the persons who are liable for the BID levy concerned in respect of an amount to which paragraph 12(2)(b) applies, whether they have been served with a notice in respect of the amount jointly or severally.
(5) Where a liability order has been made against more than one person in respect of an amount, subject to sub-paragraph (9) the Schedule 12 procedure may be used against one or more of them.
(6) Where the Schedule 12 procedure has been used against more than one person in respect of an amount, a warrant of commitment may be applied for at any time against one of them or different warrants may be applied for against more than one of them.
(7) Where the Schedule 12 procedure has been used against one person only, a warrant of commitment may be applied for against that person.
(8) Where a liability order has been made against more than one person in respect of an amount, and a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) one of them under regulation 16(3) of the 1989 Regulations, no steps, or no further steps, may be taken against any of them by way of the Schedule 12 procedure, bankruptcy or winding up in relation to the amount mentioned in regulation 16(4) of the 1989 Regulations.
(9) Where a liability order has been made against more than one person in respect of an amount—
(a) steps by way of the Schedule 12 procedure, commitment, bankruptcy or winding up may not be taken against a person in respect of the amount while steps by way of another of those methods are being taken against him in respect of it; and
(b) subject to sub-paragraph (10), steps by way of the Schedule 12 procedure may not be taken against a person in respect of an amount whilst steps by way of the Schedule 12 procedure are being taken against one of the others in respect of it.
(10) Where a liability order has been made against more than one person in respect of an amount and in using the Schedule 12 procedure against one of them goods jointly owned by him and another of them are found, paragraph (9)(b) does not preclude control being taken of those goods with respect to that amount; but in any subsequent proceedings under regulation 16 of the 1989 Regulations, charges arising under the Taking Control of Goods (Fees) Regulations 2014 from the use of the Schedule 12 procedure shall be treated as charges relating to the person against whose goods the Schedule 12 procedure was intended to be used when the jointly owned goods were found, and not as charges relating to the other.
(11) Where—
(a) a liability order has been made against more than one person in respect of an amount; and
(b) a charge has arisen against one of them for the enforcement stage within the meaning of regulation 5 of the Taking Control of Goods (Fees) Regulations 2014 in respect of that amount,
no further charge for the enforcement stage or compliance stage (within the meaning of regulation 5 of the Taking Control of Goods (Fees) Regulations 2014) in consequence of any further use or attempted use of the Schedule 12 procedure in respect of that amount may be recovered from any of them; and a charge for the compliance stage shall be treated for those purposes as a charge with respect to the others as well as that one.
(12) Where a liability order is made against one person in respect of an amount, and also against another person or persons (whether at the same time as the order against the first mentioned person or subsequently and whether in respect of all or part of that amount)—
(a) the order made as respects all but the relevant person shall not include under regulation 12(6)(b) or (7) of the 1989 Regulations any additional sum in respect of the costs of obtaining the order against the other or others;
(b) those persons (with the relevant person) shall be treated as jointly and severally liable for the amount included in the order against the relevant person in respect of costs;
(c) the order against them shall (as regards regulations 12(6)(b) or (7) of the 1989 Regulations) be made in respect of the sum outstanding in relation to it.
(13) For the purposes of sub-paragraph (12), the relevant person is the person against whom the liability order was first made in respect of the amount or, if there are more than one such person, such one of them as the court considers appropriate.
(14) Sub-paragraph (12) is not to be construed as permitting a billing authority to apply under regulation 12(2) of the 1989 Regulations for a liability order against a person in respect of costs alone after an order has been made for those costs against another person.

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Source: https://www.legislation.gov.uk/uksi/2004/2443/schedule/4/paragraph/13 (the official version)
Page: https://openlegislation.uk/business-improvement-districts-england-regulations-2004/schedule-4/paragraph-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.