The Community Infrastructure Levy Regulations 2010

Commitment to prison: further provision E+W

101.—(1) A single warrant may not be issued under regulation 100 against more than one person.

(2) Where an application under regulation 100 has been made, and after the making of the inquiries mentioned in paragraph (2) of that regulation no warrant is issued or term of imprisonment fixed, the court may remit all or part of [F1 the appropriate amount mentioned in regulation 98(3)] [F1 the amount outstanding (within the meaning of Schedule 12)] to which the application relates.

(3) Where an application under regulation 100 has been made but no warrant is issued or term of imprisonment fixed, the application may be renewed (except so far as regards any sum remitted under paragraph (2)) on the ground that the circumstances of the debtor have changed.

(4) A statement in writing to the effect that wages of any amount have been paid to the debtor during any period, purporting to be signed by or on behalf of the debtor’s employer, shall in any proceedings under regulation 100 be evidence of the facts there stated.

(5) For the purpose of enabling enquiry to be made as to the debtor’s conduct and means under regulation 100(2), a justice of the peace may—

(a) issue a summons to the debtor to appear before a magistrates’ court and (if the debtor does not obey the summons) issue a warrant for the debtor’s arrest; or

(b) issue a warrant for the debtor’s arrest without issuing a summons.

(6) A warrant issued under paragraph (5) may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within the constable’s police area.

Textual Amendments

F1 Words in reg. 101(2) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 8(5) (with regs. 1(4), 13)

Commencement Information

I1 Reg. 101 in force at 6.4.2010, see reg. 1