Regulation 30 Certificates with application for a summary warrantI1

Scotland

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

reg.30(1)(a)(d)(i)(ii)(2) amended by Council Tax (Administration and Enforcement) 1996 reg.19
reg.30 amended by Council Tax (Administration and Enforcement) 2000 reg.5
reg.30 amended by Council Tax (Administration and Enforcement) 2000 reg.5
reg 30 am by Water Industry (Scotland) Act 2002 (Consequential and Savings Provisions) 2002 art 8(1), (4)

(1)

For the purposes of paragraph 2(2) of Schedule 8 to the Act, the certificate from a levying authority accompanying their application for a summary warrant shall contain the following particulars:—

(a)

a statement that the persons specified in the application have not paid sums falling within sub-paragraph (1) of paragraph 1 of that Schedule;

(b)

a statement that the authority have served a notice ( “a final notice”) on each such person requiring him to make payment of the amount due by him within the period of 14 days beginning with the day on which the notice was served;

(c)

a statement that that period of 14 days has expired without full payment of the said amount;

(d)

a statement that, in respect of each of the persons specified in the application, either—

(i)

that period of 14 days has expired without the person having served a written notice on the authority under subsection (4) of section 81 of the Act stating that he is aggrieved by a matter which is one of those specified in subsection (1) of that section and which is relevant to the requirement contained in the final notice; or

(ii)

where such a notice has been served by a person, the authority have notified him in writing as specified in paragraph (a) or (b) of subsection (7) of that section or the period of two months specified in paragraph (c) of that subsection has expired; and

(e)

specification of the amount due and unpaid by each such person.

(2)

For the avoidance of doubt, where two or more persons are jointly and severally liable to pay to a levying authority a sum falling within sub-paragraph (1) of paragraph 1 of Schedule 8 to the Act, nothing in paragraph (1) above shall preclude the authority from seeking the granting of a warrant—

(a)

which shows those persons as jointly and severally liable for that sum; or

(b)

which shows them as individually liable for that sum.

Annotations

Commencement

I1: Reg. 30 in force at 1.7.1992, see reg. 1(1)