Part I Vehicle excise duty and licences

Vehicle licences

7CF1Recovery of section 7A supplements: Scotland

1

The Secretary of State may by regulations provide for the recovery of supplement that has become payable under section 7A by diligence authorised by summary warrant.

2

Regulations under subsection (1) may, in particular, provide—

a

for such summary warrants—

i

to be granted by the sheriff on the application of the Secretary of State; and

ii

to authorise any of the diligences mentioned in subsection (3);

b

for such applications to be accompanied by a certificate mentioned in subsection (4); and

c

for the fees and outlays of sheriff officers incurred in executing such summary warrants to be chargeable against the debtor.

3

The diligences referred to in subsection (2)(a)(ii) are—

a

an attachment;

b

an earnings arrestment;

c

an arrestment and action of furthcoming or sale.

4

The certificate referred to in subsection (2)(b) is a certificate by the Secretary of State —

a

stating that none of the persons specified in the application has paid the supplement due;

b

stating that payment of the amount due from each such person has been demanded from him;

c

stating whether in response to that demand any such person disputes liability to pay; and

d

specifying the amount due from and unpaid by each such person.

5

No fee shall be chargeable by the sheriff officer against the debtor for—

a

collecting; or

b

accounting to the Secretary of State for,

sums paid to him by the debtor in respect of the amount owing.

6

No summary warrant for recovery of supplement payable under section 7A may be granted against a person if—

a

he disputes liability to pay; or

b

an action for payment to recover such supplement from him has already been raised.

7

Failure to respond to a demand to pay shall not be taken to mean liability to pay is disputed.

8

An action for payment to recover supplement payable under section 7A may be raised against a person notwithstanding that a summary warrant has already been granted for recovery of such supplement from him but only if none of the diligences mentioned in subsection (3) has been executed against him.

9

Where such an action is raised, the summary warrant shall cease to have effect in relation to such person.

10

This section extends to Scotland only.