OpenLegislation

Paragraph 3

England and Wales

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

(1)

This paragraph applies to any sum which has become payable to a F1billing authority under any provision included under paragraph 2 above and has not been paid.

(2)

Regulations under this Schedule may include, as regards the recovery of such a sum, provision—

(a)

allowing a liability order to be made;

F2(b)

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

(c)

allowing commitment to prison;

(d)

allowing a bankruptcy petition to be presented;

(e)

allowing winding-up.

(3)

The regulations may include provision equivalent to any F3provision included in regulations made under paragraph 1(1) of Schedule 4 to the Local Government Finance Act 1992 subject to any modifications the F4appropriate national authority thinks fit.

(4)

The regulations may include provision that—

(a)

a sum to which this paragraph applies shall be recoverable in a court of competent jurisdiction, and

(b)

such method of recovery shall be available as an alternative to any method F5provided for in section 62A above or included under sub-paragraph (2) above.

Annotations

Textual amendments

F1

Words in Sch. 9 para. 3(1) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 87(2)(a) (with s. 118(1)(2)(4))

F2

Sch. 9 para. 3(2)(b) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 89(3)(a), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F3

Words in Sch. 9 para. 3(3) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 87(2)(b) (with s. 118(1)(2)(4))

F4

Words in Sch. 9 para. 3(3) substituted (16.11.2024) by Local Government Finance (Wales) Act 2024 (asc 6), s. 23(2)(a), Sch. para. 1(23)(b)

F5

Words in Sch. 9 para. 3(4)(b) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 89(3)(b) (with s. 89); S.I. 2014/768, art. 2(1)(b)