The Council Tax (Administration and Enforcement) Regulations 1992

Application for liability order E+W

34.—(1) If an amount which has fallen due under [F1 paragraph (3) or (4) of regulation 23 (including those paragraphs as applied as mentioned in regulation 28A(2))] is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.

(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

(3) Section 127(1) of the Magistrates' Courts Act 1980(1) does not apply to such an application; but no application may be instituted in respect of a sum after the period of six years beginning with the day on which it became due under Part V.

(4) A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.

(5) If, after a summons has been issued in accordance with paragraph (2) but before the application is heard, there is paid or tendered to the authority an amount equal to the aggregate of—

(a) the sum specified in the summons as the sum outstanding or so much of it as remains outstanding (as the case may be); and

(b) a sum of an amount equal to the costs reasonably incurred by the authority in connection with the application up to the time of the payment or tender,

the authority shall accept the amount and the application shall not be proceeded with.

(6) The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.

(7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—

(a) the sum payable, and

(b) a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order [F2 (which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)].

(8) Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the billing authority) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authority in making the application [F3 (which costs, including those of instituting the application under paragraph (2), are not to exceed the prescribed amount of £70)].

Textual Amendments

F1 Words in reg. 34(1) substituted (24.12.1992) by The Council Tax (Administration and Enforcement) (Amendment) Regulations 1992 (S.I. 1992/3008), regs. 1, 15

F2 Words in reg. 34(7)(b) inserted (W.) (1.4.2011) by The Council Tax and Non-Domestic Rating (Amendment) (Wales) Regulations 2011 (S.I. 2011/528), regs. 1(1), 3(2)(a) (with reg. 1(3))

F3 Words in reg. 34(8) inserted (W.) (1.4.2011) by The Council Tax and Non-Domestic Rating (Amendment) (Wales) Regulations 2011 (S.I. 2011/528), regs. 1(1), 3(2)(b) (with reg. 1(3))

Modifications etc. (not altering text)

C1 Reg. 34 applied in part (1.4.1995) by The Local Government Changes for England (Community Charge and Council Tax, Administration and Enforcement) Regulations 1995 (S.I. 1995/247), regs. 1, 20

Commencement Information

I1 Reg. 34 in force at 1.4.1992, see reg. 1(1)

(1)

1980 c. 43.