Regulation 28 Recovery of charges due other than from the proceeds of sale

(1)

This regulation applies where—

(a)

regulation 23(1)(c)(i) applies; or

(b)

regulations 25 or 26(1)(b)(i) apply and the charges due are not recovered in full.

(2)

The balance of the charges due is recoverable—

(a)

summarily as a civil debt; and

(b)

if the High Court or a county court so orders on the application of the Lord Chancellor, as if they were payable under an order of the court in question.

(3)

Where a complaint is made for the recovery of charges referred to in paragraph (1), the powers conferred on a magistrates’ court by section 58 of the Magistrates’ Court Act 1980^f1 may be exercised by a single justice.

Annotations

Footnotes

f1: 1980 c. 43. Section 58 was amended by section 33 of, paragraph 80 of Schedule 2 to, and paragraphs 1 and 6 of Schedule 3 to the Family Law Reform Act 1987 (c. 42).