SCHEDULES

SCHEDULE 4 Enforcement: England and Wales

F1Quashing of liability orders

Annotations:
Amendments (Textual)
F1

Sch. 4 para. 12A and preceding cross-heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), s. 82

12A

Regulations under paragraph 1(1) above may provide—

a

that, where on an application by the authority concerned a magistrates' court is satisfied that a liability order should not have been made, it shall quash the order;

b

that, where on an application to a magistrates' court for the quashing of a liability order, the court is satisfied that, had the original application been for a liability order in respect of a lesser sum payable, such an order could properly have been made, it shall substitute a liability order in respect of the aggregate of—

i

that lesser sum, and

ii

any sum included in the quashed order in respect of the costs incurred in obtaining it.