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Paragraph 5

United Kingdom

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

(1)

Tax due and payable may be sued for and recovered from the person charged as a debt due to the Crown by proceedings F1...—

(a)

in F2the county court, or

(b)

in a sheriff court.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In Northern Ireland—

(a)

the reference in sub-paragraph (1) to F4the county court is to a county court held for a division under the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3));

(b)

proceedings may not be brought under this paragraph if the amount exceeds the limit specified in Article 10(1) of that Order;

(c)

Part III of that Order (general civil jurisdiction) applies for the purposes of this paragraph; and

(d)

sections 21 and 42(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) apply as if any reference in those provisions to an enactment included this paragraph.

Annotations

Textual amendments

F1

Words in Sch. 12 para. 5(1) omitted (21.7.2008) by virtue of Finance Act 2008 (c. 9), s. 137(6)(a) (with s. 137(7))

F2

Words in Sch. 12 para. 5(1)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3

Sch. 12 para. 5(2) omitted (21.7.2008) by virtue of Finance Act 2008 (c. 9), s. 137(6)(b) (with s. 137(7))

F4

Words in Sch. 12 para. 5(3)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Notes on Schedule 12

Modifications

C1

Sch. 12 applied (17.7.2013) by Finance Act 2013 (c. 29), s. 165