Regulation 46 Relationship between remedies

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 46 amended by Community Charges (Miscellaneous Provisions) 1989
reg.46(1)(2) amended by Community Charges (Administration and Enforcement) 1993 reg.7(a)(b)
reg.46(2A) added by Community Charges (Administration and Enforcement) 1993 reg.7(c)
reg. 46(2)(b) words inserted by Community Charge and Council Tax (Administration and Enforcement) (Jobseeker’s Allowance) 1996 reg. 2

(1)

Where a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) a person under regulation 41(3), no steps, or no further steps, may be taken under this Part by way of attachment of earnings, distress, bankruptcy or charging of a designated dwelling in relation to the relevant amount mentioned in regulation 41(4).

(2)

Steps under this Part by way of attachment of earnings, distress, commitment, bankruptcy, winding up or charging of a designated dwelling may not be taken while steps by way of another of those methods are being taken.

(3)

Subject to paragraphs (1) and (2)–

(a)

attachment of earnings or distress may be resorted to more than once, and

(b)

attachment of earnings or distress may be resorted to in any order or alternately (or both).

(4)

Where a step is taken for the recovery of an outstanding sum which is or forms part of an amount in respect of which a liability order has been made and under which additional costs or charges with respect to the step are also recoverable in accordance with this Part, any sum recovered thereby which is less than the aggregate of the amount outstanding and such additional costs and charges shall be treated as discharging first the costs and charges, the balance (if any) being applied towards the discharge of the outstanding sum.