The Planning etc. (Scotland) Act 2006 (Business Improvement Districts Levy) Order 2007

Recovery of BID levy

9.—(1) Subject to sub-paragraphs (4) and (5), where the local authority is the billing body, arrears of BID levy may be recovered by a local authority by diligence–

(a) authorised by a summary warrant granted under sub-paragraph (2); or

(b) in pursuance of a decree granted in an action for payment.

(2) Subject to sub-paragraph (4), the sheriff, on an application by the local authority accompanied by a certificate by the local authority–

(a) stating that none of the persons specified in the application has paid BID levy due by that person;

(b) stating that the authority has given written notice to each such person requiring that person to make payment of the amount due within such period (being not less than 14 days) after the day of issue of the notice as is specified in it;

(c) stating that the said period has expired without payment of the said amount; and

(d) specifying the amount due and unpaid by each such person,

shall grant a summary warrant in a form equivalent to that prescribed by Act of Sederunt for non-domestic rates in Scotland, authorising the recovery by any of the diligences mentioned in sub paragraph (3) of the amount remaining due and unpaid, along with a surcharge of 10 per cent (or, where a different percentage has been prescribed under section 247(2) of the Local Government (Scotland) Act 1947(1) in respect of non-domestic rates in Scotland, that percentage) of that amount.

(3) The diligences referred to in sub-paragraph (2) above are–

(a) an attachment;

(b) an earnings arrestment; and

(c) an arrestment and action of furthcoming or sale.

(4) It shall not be competent for the sheriff to grant a summary warrant under sub-paragraph (2) in respect of a BID levy amount due by a debtor if an action has already been commenced for the recovery of that amount; and, without prejudice to sub paragraph (5), on the commencing of an action for the recovery of such amount, any existing summary warrant in so far as it relates to the recovery of that amount shall cease to have effect.

(5) It shall not be competent to commence an action for the recovery of a BID levy amount if, in pursuance of a summary warrant, any of the diligences mentioned in sub-paragraph (3) for the recovery of that BID levy amount has been executed.

(6) In any proceedings for the recovery of a BID levy amount, whether by summary warrant or otherwise, no person shall be entitled to found upon failure of the local authority, billing body or any other authority to comply with any provision in this Schedule relating to the date by which something shall be done, not being a provision in this paragraph or a provision regulating the diligence.

(7) Where a billing body is not a local authority, arrears of BID levy may be recovered by the billing body by diligence in pursuance of a decree granted in an action for payment.

(1)

1947, c 43.