Local Government Act 2003

82 Quashing of liability orders E+W

In Schedule 4 to the Local Government Finance Act 1992 (enforcement), after paragraph 12 there is inserted—

“Quashing of liability orders

12A Regulations under paragraph 1(1) above may provide—

(a) that, where on an application by the authority concerned a magistrates' court is satisfied that a liability order should not have been made, it shall quash the order;

(b) that, where on an application to a magistrates' court for the quashing of a liability order, the court is satisfied that, had the original application been for a liability order in respect of a lesser sum payable, such an order could properly have been made, it shall substitute a liability order in respect of the aggregate of—

(i) that lesser sum, and

(ii) any sum included in the quashed order in respect of the costs incurred in obtaining it.”