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Paragraph 12A F1

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

Regulations under paragraph 1(1) above may provide—

(a)

that, where on an application by the authority concerned a magistrates' court is satisfied that a liability order should not have been made, it shall quash the order;

(b)

that, where on an application to a magistrates' court for the quashing of a liability order, the court is satisfied that, had the original application been for a liability order in respect of a lesser sum payable, such an order could properly have been made, it shall substitute a liability order in respect of the aggregate of—

(i)

that lesser sum, and

(ii)

any sum included in the quashed order in respect of the costs incurred in obtaining it.

Annotations

Textual amendments

F1

Sch. 4 para. 12A and preceding cross-heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), s. 82