Regulation 9 Charge certificates
This regulation applies where—
an enforcement notice is served on a person, and
the penalty charge to which it relates is not paid before the end of the relevant period.
Where this regulation applies, the local authority that served the enforcement notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge to which the notice relates is increased by 50 percent.
The “relevant period” for the purposes of paragraph (1) means—
where a notice of rejection is served under regulation 11(3) but no appeal is made under regulation 12, the period of 28 days beginning with the date of service of the notice of rejection,
where there has been an unsuccessful appeal against the service of an enforcement notice to the First-tier Tribunal and no subsequent application for review, or review, of the First-tier Tribunal’s decision or appeal to the Upper Tribunal, the period of 28 days beginning with the date on which the decision of the First-tier Tribunal is sent to the appellant,
where an application for review of the decision of the First-tier Tribunal in an appeal against the service of an enforcement notice has been rejected and there has been no subsequent appeal to the Upper Tribunal, the period of 28 days beginning with the date on which the decision rejecting the application for review is sent to the applicant,
where there has been an unsuccessful review of the decision of the First-tier Tribunal in an appeal against the service of an enforcement notice and no subsequent appeal to the Upper Tribunal, the period of 28 days beginning with the date on which the decision refusing the review is sent to the applicant,
where there has been an unsuccessful appeal against the service of an enforcement notice to the Upper Tribunal, the period of 28 days beginning with the date on which the decision of the Upper Tribunal is sent to the appellant,
where an appeal to either the First-tier Tribunal or Upper Tribunal is withdrawn, the period of 14 days beginning with the date on which it is withdrawn,
where no representations are made under regulation 10(1) within the payment period, that period.
If representations are received by a local authority after the payment period and taken account of under regulation 10(3), the local authority must cancel a charge certificate served under paragraph (2).
Where in relation to an enforcement notice—
the relevant period for the purposes of paragraph (1) has expired, and
the increased charge for which the charge certificate provides is not paid before the end of the period of 14 days beginning with the date on which the certificate is served,
the local authority may recover the increased charge as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom.