PART IVENFORCEMENT

Application for liability order29

1

If an amount which has fallen due under regulation 20(2) or 21(1) and (4) is wholly or partly unpaid, or (in a case where a reminder notice is required under regulation 28) the amount stated in the reminder notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was served, the charging authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.

2

The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

3

Section 127(1) of the Magistrates' Courts Act 19806 does not apply to such an application; but no application may be instituted in respect of a sum after the period of two years beginning with the day on which it became due under Part III.

4

A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.

5

The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.

6

The order shall be made in respect of an amount equal to the aggregate of–

a

the sum payable, and

b

a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.