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Prevention of Damage by Pests Act 1949

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7Recovery of expenses under s. 5 or s. 6

(1)Any expenses recoverable by a local authority under section five or section six of this Act may be recovered as a simple contract debt in any court of competent jurisdiction.

(2)Sections two hundred and ninety-one, two hundred and ninety-two and two hundred and ninety-four of the Public Health Act, 1936 (which provide respectively for charging on the premises expenses recoverable under that Act from the owner, for the inclusion of sums in respect of establishment charges in expenses recoverable under that Act, and for limiting the liability for expenses recoverable under that Act of owners receiving rent as agent or trustee) shall so far as applicable apply to expenses recoverable by a local authority under section five or section six of this Act as they apply to expenses recoverable under that Act by a local authority within the meaning of that Act.

(3)In proceedings under this section by a local authority for the recovery of any expenses incurred by them under section five of this Act, it shall not be open to the defendant to raise by way of defence any question which he could have raised on an appeal under section four of this Act.

(4)In the application of this section to Scotland, for subsection (2) there shall be substituted the following subsection—

(2)Sections fifty-five, fifty-six and fifty-seven of the Water (Scotland) Act, 1946 (which provide respectively for charging orders in favour of local authorities in respect of expenses recoverable under that Act, for the recovery by instalments of expenses recoverable under that Act, and for limiting the liability for expenses recoverable under that Act of owners receiving rent in a fiduciary capacity) shall, so far as applicable, apply to expenses recoverable by a local authority under section five or section six of this Act as they apply to expenses recoverable under that Act by a local authority within the meaning of that Act.

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