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Reserve Forces (Safeguard of Employment) Act 1985

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This is the original version (as it was originally enacted).

11Summary recovery

(1)Where an order has been made by a Reinstatement Committee or by the umpire or a deputy umpire on appeal for the payment to a person of any sum, that sum may, without prejudice to any other means for its recovery, be recovered from the person against whom the order is made summarily as a civil debt; but proceedings shall not be brought, whether summarily or otherwise, for the recovery of any such sum—

(a)until the time allowed for appealing against the order has expired; or,

(b)where an appeal is brought, until the appeal is decided or withdrawn.

(2)Any officer authorised in that behalf by special or general directions of the Secretary of State—

(a)may institute on behalf of and in the name of any person who has entered upon a period of whole-time service civil proceedings for the recovery of any such sum as is mentioned in subsection (1), and

(b)in any such proceedings the court may make an order for the payment of costs by the officer as if he were a party to the proceedings,

but the powers conferred by this subsection are not in derogation of any right of that person himself to recover such sums by civil proceedings.

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