OpenLegislation

Regulation 15 Appeals in connection with distressI1

England and Wales

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

(1)

A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates' court.

C1(2)

The appeal shall be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which he is aggrieved.

(3)

If the court is satisfied that a levy was irregular, it may order the goods distrained to be discharged if they are in the possession of the authority; and it may by order award compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 14(7).

C2(4)

If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity.

Annotations

Modifications

C1

Reg. 15(2) applied (with modifications) (28.2.1995) by The Local Government Changes for England (Non-Domestic Rating, Collection and Enforcement and Discretionary Relief) Regulations 1995 (S.I. 1995/212), regs. 1, 8

C2

Reg. 15(4) applied (with modifications) (28.2.1995) by The Local Government Changes for England (Non-Domestic Rating, Collection and Enforcement and Discretionary Relief) Regulations 1995 (S.I. 1995/212), regs. 1, 8

Commencement

I1

Reg. 15 in force at 21.7.1989, see reg. 1(1)

Notes on Part III

Modifications

C1

Pt. 3 applied (with modifications) (26.2.1990) by The Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (S.I. 1990/145), regs. 1(1), 4 (with reg. 5)

C2

Pt. 3 applied (with modifications) (E.) (17.9.2004) by The Business Improvement Districts (England) Regulations 2004 (S.I. 2004/2443), reg. 1(1), Sch. 4 para. 13

C3

Pt. 3 applied (with modifications) (E.) (17.9.2004) by The Business Improvement Districts (England) Regulations 2004 (S.I. 2004/2443), reg. 1(1), Sch. 4 para. 9

C4

Pt. 3 applied (with modifications) (W.) (13.5.2005) by The Business Improvement Districts (Wales) Regulations 2005 (S.I. 2005/1312), reg. 1(1), Sch. 4 para. 13

C5

Pt. 3 applied (with modifications) (W.) (13.5.2005) by The Business Improvement Districts (Wales) Regulations 2005 (S.I. 2005/1312), reg. 1(1), Sch. 4 para. 9