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The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 No. 1103

Enforcement by taking control of goods

This section has no associated Explanatory Memorandum

8.—(1) In regulation 95(1) insert the following definitions in the appropriate places—

“enforcement agent” has the meaning given in Schedule 12;;

“Schedule 12” means Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;;

“the Schedule 12 procedure” means the procedure in Schedule 12..

(2) For regulation 98 substitute—

Enforcement by taking control of goods

98.  Where a liability order has been made, payment may be enforced by using the Schedule 12 procedure..

(3) Omit regulation 99.

(4) In regulation 100—

(a)in paragraph (1) for sub-paragraph (b) substitute—

(b)the authority has sought to enforce payment by use of the Schedule 12 procedure pursuant to regulation 98 and the enforcement agent reports that they were unable (for whatever reason) to find any or sufficient goods of the debtor to enforce payment; and;

(b)in paragraph (4) for sub-paragraph (a) substitute—

(a)the amount outstanding (within the meaning of Schedule 12); and;

(c)in paragraph (7) for sub-paragraph (a) substitute—

(a)the amount outstanding (within the meaning of Schedule 12); and.

(5) In regulation 101(2) for “the appropriate amount mentioned in regulation 98(3)” substitute “the amount outstanding (within the meaning of Schedule 12)”.

(6) In regulation 102—

(a)in paragraph (3) for “regulations 97(2) and 99(2)” substitute “regulation 97(2)”;

(b)in paragraph (4) omit “, 99”.

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