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Regulation 23 Miscellaneous provisionsI1

England and Wales

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

C1(1)

Any matter which could be the subject of an appeal under regulations under section 55 of the Act may not be raised in proceedings under this Part.

(2)

The contents of a local non-domestic rating list or an extract from such a list may be proved in proceedings under this Part by production of a copy of the list or relevant part of the list purporting to be certified by the proper officer of the F1billing authority to which the list or extract relates to be a true copy.

(3)

If a liability order has been made and by virtue of–

(a)

a notification which is given by the billing authority F2or an authorised person under regulation 8(4) or (7) or 9(2) or paragraph 6(3) or 7(2)(a) of Schedule 1 F3or sub-paragraph (2) of paragraph 7A of that Schedule (including a notification given under that sub-paragraph pursuant to paragraph 7B(2) of that Schedule), or

(b)

paragraph 10(4) of Schedule 7 to the Act applying in any case,

any part of the amount mentioned in regulation 12(6)(a) in respect of which the order was made would (if paid) fall to be repaid or credited against any subsequent liability, that part shall be treated for the purposes of this Part as paid on the day the notification is given or the multiplier in substitution is set under paragraph 10 of Schedule 7 to the Act (as the case may be) and accordingly as no longer outstanding.

(4)

If, after a warrant is issued or term of imprisonment is fixed under regulation 16(3), and before the term of imprisonment has begun or been fully served, a billing authority gives such a notification as is mentioned in paragraph (3)(a) in the case in question, or sets a multiplier in substitution so that paragraph 10(4) of Schedule 7 to the Act applies in the case in question, it shall forthwith notify accordingly the F4F5designated officer for the court which issued the warrant and (if the debtor is detained) the governor or keeper of the prison or place where he is detained or such other person as has lawful custody of him.

Annotations

Textual amendments

F1

Words in Regulations substituted (1.4.1993) by The Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1993 (S.I. 1993/616), reg. 1(1), Sch. 2 Pt. 2 (with reg. 4)

F2

Words in reg. 23(3) inserted (18.7.1996) by The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 (S.I. 1996/1880), arts. 1, 61(c)

F3

Words in reg. 23(3) inserted (16.7.1992) by The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1992 (S.I. 1992/1512), regs. 1, 2(c)

F4

Words in reg. 23(4) substituted: (E.) (1.4.2001) by The Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Courts) (England) Regulations 2001 (S.I. 2001/362), regs. 1, 2(b); and (W.) (1.4.2001) by The Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Courts) (Wales) Regulations 2001 (S.I. 2001/1076), regs. 1(3), 3(2)(b)

F5

Words in reg. 23(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) ( No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 120

Modifications

C1

Reg. 23(1)(2) applied (E.) (17.9.2004) by The Business Improvement Districts (England) Regulations 2004 (S.I. 2004/2443), reg. 1(1), Sch. 4 para. 10(7)

Commencement

I1

Reg. 23 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