Textual Amendments
F1Sch. 4 repealed (6.3.1992) by Local Government Finance Act 1992 (c. 14), 117(2), Sch.14 (with s. 118(1)-(4) and subject to saving in relation to Sch. 4 para. 6 by S.I. 1993/1780, art.2); Sch. 4 further amended: (6.3.1992) by 1992 c. 14, s. 102 (with s. 118(1)(2)(4)); (1.7.1992) by 1992 c. 6, ss. 3, 4, Sch. 1, Sch. 2 paras. 100, 101; Sch. 4 para. 6 amended (11.6.1996) by Jobseekers Act 1995 c. 18, s. 41(4), Sch. 2 para. 18; S.I. 1996/1509, art. 2, Sch.; Sch. 4 para. 6 amended (18.10.1999) by Social Security Act 1998 c. 14, ss. 86(1), Sch. 7 para. 17; S.I. 1999/2860, art. 2(c) Sch. 1 (subject to transitional provisions in Schs. 16-18); Sch. 4 para. 6 amended (so far as it continues to have effect) (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 c. 16, s. 22(3), Sch. 2 para. 29; S.I. 2002/1691, art. 2(l); S.I. 2003/1776, art. 2(a)
3(1)Regulations under this Schedule may provide that—
(a)the authority concerned may apply to a magistrates’ court for an order (a liability order) against the person by whom the sum is payable;
(b)the magistrates’ court shall make the order if it is satisfied that the sum has become payable by the person concerned and has not been paid.
(2)The regulations may include provision that 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 determined in accordance with prescribed rules) in respect of the costs incurred in obtaining the order.
[F2(2A)The regulations may include provision that, where the sum payable is paid after the order has been applied for but before it is made, the magistrates’ court shall nonetheless make the order in respect of a sum (of an amount determined in accordance with prescribed rules) in respect of the costs incurred in applying for it.]
(3)The regulations may include—
(a)provision prescribing steps to be taken before an application may be made;
(b)provision that no application may be made after a prescribed period has expired;
(c)provision prescribing the procedure to be followed for the initiation of an application (which may include provision as to form);
(d)provision prescribing the procedure to be followed in dealing with an application;
(e)provision prescribing the form and contents of an order.
Textual Amendments
F2Sch. 4 para. 3(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 13(2)