Section 37H Interest and recoveryF1

(1)

This section applies if all or part of a financial penalty which an employer is required by a penalty notice to pay is unpaid at the end of the relevant period.

(2)

The relevant period is—

(a)

if no appeal is made under section 37G(1) relating to the penalty notice, the period specified in the penalty notice under section 37F(3)(e);

(b)

if such an appeal is made, the period ending when the appeal is withdrawn or finally determined.

(3)

The outstanding amount of the financial penalty for the time being carries interest—

(a)

at the rate that, on the last day of the relevant period, was specified in section 17 of the Judgments Act 1838,

(b)

from the end of the relevant period until the time when the amount of interest calculated under this subsection equals the amount of the financial penalty,

(and does not also carry interest as a judgment debt under that section).

(4)

The outstanding amount of a penalty and any interest is recoverable—

(a)

in England and Wales, if the county court so orders, under section 85 of the County Courts Act 1984 or otherwise as if the sum were payable under an order of the county court;

(b)

in Scotland, by diligence as if the penalty notice were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(5)

Any amount received by the Secretary of State under this Part is to be paid into the Consolidated Fund.

Annotations

Textual amendments

F1: Pt. 2A inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(2), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)

Notes on the whole Act

Textual amendments

F1: The Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996 (1.8.1998) by virtue of 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2: Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch. 1