OpenLegislation

Regulation 3 Co-owners

Original text. Later amendments are not shown.

(1)

For regulation 4(12) of the Community Charges (Co-owners) Regulations 1990f1 there are substituted the following paragraphs—

“(12)

Where a liability order is made against a co-owner in respect of an amount (in paragraph (12A) referred to as “the relevant amount”), and also against another co-owner or a spouse or manager of a co-owner (whether at the same time as the order against the first-mentioned co-owner or subsequently and whether in respect of all or part of that amount), the order or orders so made shall not include under regulation 29(6)(b) or (7) of the principal Regulations any sum in respect of costs other than a sum in respect of the costs of obtaining the order against the relevant co-owner; but—

(a)

the relevant co-owner and the others against whom the order or orders are made shall be treated as jointly and severally liable for the sum in respect of costs so included, and

(b)

the order or orders made against those others shall (as regards regulation 29(6)(b) or (7) of the principal Regulations) be made in respect of that sum insofar as it is then outstanding.

(12A)

For the purposes of paragraph (12) the relevant co-owner is the co-owner against whom an order in respect of the relevant amount was first made, or if there are more than one such, such one of them as the court considers appropriate.”.

(2)

In regulation 4(13) of those Regulations, for the word “had” there is substituted the word “has”.

Annotations

Footnotes

f1

S.I. 1990/146.