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Article 13 Amendment of article 26 (time for payment)

Original text. Later amendments are not shown.

(1)

Article 26 (time for payment) is amended as follows.

(2)

In paragraph (2), for “paragraphs (3) to (6), the amount” substitute “paragraphs (2A) to (6), the full amount”.

(3)

After paragraph (2), insert—

“(2A)

If the Crown Court which registered the external order is satisfied that the person affected by the external order is unable to pay the full amount on the date mentioned in paragraph (2), it may make an order requiring whatever cannot be paid on that date to be paid—

(a)

in a specified period; or

(b)

in specified periods each of which relates to a specified amount.

(2B)

A specified period—

(a)

must start with the date mentioned in paragraph (2); and

(b)

must not exceed three months.

(2C)

The court may make an order extending the period (for all or any part or parts of the amount in question) if—

(a)

within any specified period the person affected by the external order applies to the Crown Court for that period to be extended; and

(b)

the court is satisfied that, despite having made all reasonable efforts, the person is unable to pay the amount to which the specified period relates within that period.

(2D)

An extended period—

(a)

must start with the date mentioned in paragraph (2); and

(b)

must not exceed six months.

(2E)

An order under paragraph (2C)—

(a)

may be made after the end of the specified period to which it relates; but

(b)

must not be made after the end of the period of six months starting with the date mentioned in paragraph (2).

(2F)

Periods specified or extended under this article must be such that, where the court believes that the person affected by the external order will by a particular day be able—

(a)

to pay the amount remaining to be paid; or

(b)

to pay an amount towards what remains to be paid,

that amount is required to be paid no later than that day.

(2G)

The court must not make an order under paragraph (2A) or (2C) unless it gives the relevant Director an opportunity to make representations.”.