7Limitation of liability of certain owners.N.I.
(1)Where a [F1 district council] claim to recover any expenses under any provision of the Public Health Acts (Northern Ireland), 1878 to 1961 from a person as being the owner of the premises in respect of which the expenses were incurred and that person proves that he—
(a)is receiving the rent of those premises merely as agent or trustee for some other person; and
(b)has not, and since the date of the service on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the [F1 council];
his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid, but a [F1 council] who are, or would be, debarred by the foregoing provisions from recovering the whole of any such expenses from an agent or trustee may recover the whole or any unpaid balance thereof from the person on whose behalf the agent or trustee receives the rent.
F2[(2)Where a person to whom this section applies has paid to the Department of Finance, out of money he has or has had in his hands on behalf of the person for whom he acts as agent or trustee, any sum in respect of rates claimed by the Department to be recoverable from him by it under the Rates (Northern Ireland) Order 1977 [1977 NI 28] , that sum shall be deemed for the purposes of this section not to have been in his hands.]
F1SRO (NI) 1973/285
F2Added, 1975 NI 21; subst., 1977 NI 28
Modifications etc. (not altering text)
C1S. 7 applied (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 221(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)