Regulation 34 Application for liability orderI1C1

If an amount which has fallen due under F1paragraph (3) or (4) of regulation 23 (including those paragraphs as applied as mentioned in regulation 28A(2)) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority F2in England may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.

Where a final notice has been served by a billing authority in Wales under regulation 33(1) and the amount stated in the final notice is wholly or partly unpaid after the period of 21 days beginning with the day on which the final notice was issued, the billing authority may, in accordance with paragraph 2, apply to a magistrates’ court for an order against the person by whom it is payable.

An application to a magistrates’ court under paragraph (1A) may be made no earlier than the day after the chargeable amount (or its estimated amount) becomes payable.

The application F4made under regulation 34(1) or 34(1A) is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

Section 127(1) of the Magistrates' Courts Act 1980^f1 does not apply to such an application; but no application may be instituted in respect of a sum after the period of six years beginning with the day on which it became due under Part V.

A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.

If, after a summons has been issued in accordance with paragraph (2) but before the application is heard, there is paid or tendered to the authority an amount equal to the aggregate of—

the authority shall accept the amount and the application shall not be proceeded with.

The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.

An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—

Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the billing authority) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authority in making the application F6(which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70).