The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1998

• Citation: S.I. 1998/3089
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1998 and shall come into force on 1st April 1999.

Section 2 Amendment of principal regulations

The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended as provided below.

Section 3 Liability orders: issue of summons

After regulation 13(2) (liability orders: further provision) there is inserted–

(2A) No liability order shall be made in pursuance of a summons issued under regulation 12(2) unless fourteen days have elapsed since the day on which the summons was served.

Section 4 Certification of bailiffs

After regulation 14(6) there is inserted–

(6A) No distress under this regulation may be made other than by a person who is authorised to act as a bailiff by a general certificate granted under section 7 of the Law of Distress Amendment Act 1888.

Section 5 Commitment to prison

(1) For regulation 16(6) there is substituted–

(6) If–

(a) before a warrant has been issued, or a term of imprisonment fixed and the issue of a warrant postponed, an amount determined in accordance with paragraph (6A) is paid or tendered to the authority, or

(b) after a term of imprisonment has been fixed and the issue of a warrant postponed, any amount the court has ordered the debtor to pay is paid or tendered to the authority, or

(c) after a warrant has been issued, the amount stated in it is paid or tendered to the authority,

the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor, if committed to prison, shall be released.

(6A) The amount referred to in paragraph (6)(a) above is the aggregate of–

(a) the appropriate amount mentioned in regulation 14(2) (or so much of it as remains outstanding), and

(b) subject to sub-paragraph (6B) below, the authority’s reasonable costs incurred up to the time of payment or tender in making one or more of the applications referred to in Schedule 4.

(6B) For the purposes of paragraph (6A)(b) above, the authority’s reasonable costs in respect of any application shall not exceed the amount specified in relation to that application in Schedule 4.

(2) After Schedule 3 there is added Schedule 4, set out in Schedule 1 to these Regulations.

Section 6 Charges connected with distress

In Schedule 3 –

(a) for the Table in paragraph 1 there is substituted the Table in Schedule 2 to these Regulations;

(b) in paragraph 2(1) (amounts in respect of levy), for “£15” in paragraph (a) there is substituted “£20”, and in paragraph (b) for “15 per cent.” there is substituted “20 per cent.”; and

(c) after paragraph 2 there is inserted–

(2A) No charge shall be payable under head F of the Table in paragraph 1 in respect of the appraisement of an item unless the debtor has been advised of the charge, and the manner of its calculation, before the appraisement is made.