SCHEDULES
SCHEDULE 11 Administration, collection and enforcement
Procedure where documents etc. are removed
13
1
Where, on an application made as mentioned in sub-paragraph (2) below, the appropriate judicial authority is satisfied that a person has failed to comply with a requirement imposed by paragraph 12 above, the authority may order that person to comply with the requirement within such time and in such manner as may be specified in the order.
2
An application under sub-paragraph (1) above shall be made—
a
in the case of a failure to comply with any of the requirements imposed by paragraph 12(1) and (2) above, by the occupier of the premises from which the thing in question was removed or by the person who had custody or control of it immediately before it was so removed, and
b
in any other case, by the person who had such custody or control.
3
In this paragraph “the appropriate judicial authority” means—
a
in England and Wales, a magistrates’ court;
b
in Scotland, the sheriff; and
c
in Northern Ireland, a court of summary jurisdiction.
4
In England and Wales and Northern Ireland, an application for an order under this paragraph shall be made by way of complaint; and sections 21 and 42(2) of the M1Interpretation Act (Northern Ireland) 1954 shall apply as if any reference in those provisions to any enactment included a reference to this paragraph.