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Section 7 Recovery of expenses under s. 5 or s. 6.

(1)

Any expenses recoverable by a local authority under section five or section six of this Act may be recovered as a simple contract debt in any court of competent jurisdiction.

(2)

Sections two hundred and ninety-one, . . . F1 and two hundred and ninety-four of the M1Public Health Act 1936 (which provide respectively for charging on the premises expenses recoverable under that Act from the owner, . . . and for limiting the liability for expenses recoverable under that Act of owners receiving rent as agent or trustee) shall so far as applicable apply to expenses recoverable by a local authority under section five or section six of this Act as they apply to expenses recoverable under that Act by a local authority within the meaning of that Act.

(3)

In proceedings under this section by a local authority for the recovery of any expenses incurred by them under section five of this Act, it shall not be open to the defendant to raise by way of defence any question which he could have raised on an appeal under section four of this Act.

(4)

In the application of this section to Scotland, for subsection (2) there shall be substituted the following subsection—

“(2)

Sections F265 to 67 of the Water (Scotland) Act 1980 shall, so far as applicable, apply to expenses recoverable by a local authority under section five or section six of this Act as they apply to expenses recoverable under that Act by an islands or district council within the meaning of that Act.”

Annotations

Textual amendments

F1

Words repealed by Local Government Act 1974 (c. 7), Sch. 8

F2

Words substituted by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112, Sch. 10

Marginal citations

M1

1936 c. 49.

Notes on Part I

Modifications

C1

Pt. I (ss. 1–12) power to apply conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 68(1)(d)