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The Traffic Management (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

Enforcement of charge certificate

This section has no associated Explanatory Memorandum

15.—(1) Where—

(a)a charge certificate is served on any person (“the liable person”); and

(b)the increased penalty charge to which it relates is not paid within 14 days,

the increased penalty charge shall be recoverable by the Department from the liable person.

(2) The Department shall serve on the liable person a notice which states—

(a)that the increased penalty charge is recoverable from him by the Department; and

(b)that the liable person may serve a statutory declaration on an adjudicator under Article 16.

(3) Subject to Article 16(5), paragraph (1) shall not have effect in relation to an increased penalty charge until the later of—

(a)the end of the period of 21 days from the date of a notice under paragraph (2) (or if an adjudicator allows a longer period for service of a statutory declaration under Article 16(1), the end of that longer period); or

(b)if the liable person serves a statutory declaration, the date of the adjudicator’s decision.

(4) Any costs reasonably incurred by the Department in recovering an amount under paragraph (1) shall be recoverable by the Department from the liable person.

(5) The Judgments Enforcement (Northern Ireland) Order 1981 (NI 6) shall apply with the necessary modifications to any amount recoverable under this Article as it applies in relation to a sum due under a money judgment (within the meaning of that Order).

(6) In paragraph (1) “within 14 days” means before the end of the period of 14 days from the date of the charge certificate.

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