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Changes over time for: Cross Heading: Recovery of penalty charge
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Timeline of Changes
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Status:
This version of this cross heading contains provisions that are prospective.![Help about Status](/images/chrome/helpIcon.gif)
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Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Housing and Regeneration Act 2008, Cross Heading: Recovery of penalty charge is up to date with all changes known to be in force on or before 12 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.![Help about Changes to Legislation](/images/chrome/helpIcon.gif)
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Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 10 Crossheading Recovery-of-penalty-charge:
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Prospective
Recovery of penalty chargeE+W
7(1)The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the enforcement authority unless—E+W
(a)the notice has been withdrawn or quashed, or
(b)the charge has been paid.
(2)Proceedings for the recovery of the penalty charge may not be started before the end of the period mentioned in paragraph 4(1).
(3)Sub-paragraph (4) applies if, within that period, the recipient of the penalty charge notice gives notice to the enforcement authority that the recipient wishes the authority to review the penalty charge notice.
(4)Proceedings for the recovery of the penalty charge may not be started—
(a)before the end of the period mentioned in paragraph 6(2), and
(b)where the recipient appeals against the penalty charge notice, before the end of the period of 28 days beginning with the day on which the appeal is withdrawn or determined.
8E+WIn proceedings for the recovery of the penalty charge, a certificate which—
(a)purports to be signed by, or on behalf of, the person having responsibility for the financial affairs of the enforcement authority, and
(b)states that payment of the penalty charge was, or was not, received by a date specified in the certificate,
is evidence of the facts stated.
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