SCHEDULE 8 Enforcement: Scotland

SCHEDULE 8 Enforcement: Scotland

Section 97(5)

1

(1)     This Schedule applies to any sum which has become payable to a [local] authority under any provision included in regulations under—

(a)     paragraph 2, 3, 6(2) or (3) of Schedule 2 to this Act; or

(b)     paragraph 6 of Schedule 3 to this Act,

and has not been paid.

(2)     References in sub-paragraph (1) above to a sum which has become payable and has not been paid include references to a sum forming part of a larger sum which has become payable and the other part of which has been paid.

2

(1)     Subject to sub-paragraphs (4) and (5) below, any sum to which this Schedule applies may be recovered by the [local] authority by diligence—

(a)     authorised by a summary warrant granted under sub-paragraph (2) below; or

(b)     in pursuance of a decree granted in an action of payment.

(2)     The sheriff, on an application by the authority accompanied by a certificate from them containing such particulars as may be prescribed, shall grant a summary warrant in a form provided for by Act of Sederunt authorising the recovery, by any of the diligences mentioned in sub-paragraph

Powered by Lexis+®

Popular documents