(1)This section applies where—
(a)a claim for payment in respect of controlled expenditure incurred by or on behalf of a recognised third party as mentioned in section 92(1) is sent to—
(i)the responsible person, or
(ii)any other person with whose authority it is alleged that the expenditure was incurred,
within the period allowed under that provision; and
(b)the responsible person or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under section 92(2);
and the claim is referred to in this section as “the disputed claim”.
(2)The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in section 92(2) shall apply in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings.
(3)For the purposes of this section—
(a)subsections (4) and (5) of section 92 shall apply in relation to an application made by the person mentioned in subsection (1)(b) above for leave to pay the disputed claim as they apply in relation to an application for leave to pay a claim (whether it is disputed or otherwise) which is sent in after the period allowed under section 92(1); and
(b)subsections (7) and (8) of section 77 shall apply as if any reference to subsection (4) of that section were a reference to section 92(4) as applied by paragraph (a) above.
Commencement Information
I1S. 93 wholly in force at 16.2.2001; s. 93 not in force at Royal Assent, see s. 163(2); s. 93 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)