Regulation 12 Application for liability orderI1

England and Wales

(1)

Subject to paragraph (3), if an amount which has fallen due under regulation 8(2) in consequence of such a failure as is mentioned in sub-paragraph (a) of that provision is wholly or partly unpaid, or (in a case where a reminder notice is required under regulation 11) the amount stated in the reminder notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was served, the F1billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.

(2)

The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

(3)

Section 127(1) of the Magistrates' Courts Act 1980^f1 does not apply to such an application; but no application may be instituted in respect of a sum after the period of 6 years beginning with the day on which it became due under Part II.

(4)

A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.

(5)

The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.

(6)

F2An order made pursuant to paragraph (5) shall be made in respect of an amount equal to the aggregate of–

(a)

the sum payable, and

C1(b)

a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.

C2(F37)

Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the billing authority ) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authorty in making the application.