PART 3

Enforcement and Appeals

Civil sanctions

Enforcement of cost recovery notice
47
1
Subsections (2) to (8) apply if some or all of the costs payable under a cost recovery notice are unpaid by the time when they are required to be paid.
2
The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.
3
Where the Secretary of State considers it appropriate to do so, the Secretary of State may require so much of the costs as have not already been paid to be paid immediately.
4
The Secretary of State may recover from the person any of the costs and any interest as has not been paid if—
a
no appeal relating to the costs has been brought under section 51 during the period within which such an appeal may be brought, or
b
an appeal has been determined or withdrawn.
5
In England and Wales, and in Northern Ireland, the costs are recoverable as if they were payable under an order of the High Court.
6
In Scotland, the costs may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
7
Where action is taken under this section for the recovery of a sum payable under a cost recovery notice, the costs are—
a
in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if they were a judgment entered in the High Court, and
b
in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if they were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
8
Any sums received by the Secretary of State by way of costs, or interest in respect of such costs, under this Act must be paid into the Consolidated Fund.