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The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1998

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Commitment to prison

5.—(1) For regulation 16(6) there is substituted–

(6) If–

(a)before a warrant has been issued, or a term of imprisonment fixed and the issue of a warrant postponed, an amount determined in accordance with paragraph (6A) is paid or tendered to the authority, or

(b)after a term of imprisonment has been fixed and the issue of a warrant postponed, any amount the court has ordered the debtor to pay is paid or tendered to the authority, or

(c)after a warrant has been issued, the amount stated in it is paid or tendered to the authority,

the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor, if committed to prison, shall be released.

(6A) The amount referred to in paragraph (6)(a) above is the aggregate of–

(a)the appropriate amount mentioned in regulation 14(2) (or so much of it as remains outstanding), and

(b)subject to sub-paragraph (6B) below, the authority’s reasonable costs incurred up to the time of payment or tender in making one or more of the applications referred to in Schedule 4.

(6B) For the purposes of paragraph (6A)(b) above, the authority’s reasonable costs in respect of any application shall not exceed the amount specified in relation to that application in Schedule 4.

(2) After Schedule 3 there is added Schedule 4, set out in Schedule 1 to these Regulations.

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