Distress for Rates Act 1960

JurisdictionUK Non-devolved
Citation1960 c. 12


Distress for Rates Act, 1960

(8 & 9 Eliz. 2) CHAPTER 12

An Act to consolidate, with corrections and improvements made under the Consolidation of Enactments (Procedure) Act, 1949, certain enactments relating to the recovery of rates.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Enforcement of payment of rates.

1 Enforcement of payment of rates.

1. If any person fails to pay any sum legally assessed on and due from him in respect of a rate for seven days after it has been legally demanded of him, the payment of that sum may, subject to and in accordance with the provisions of this Act, be enforced by distress and sale of his goods and chattels under warrant issued by a magistrates' court; and, if there is insufficient distress, he may be liable to imprisonment under the provisions of this Act in that behalf.

S-2 Application for warrant of distress.

2 Application for warrant of distress.

(1) The proceedings for the issue of a warrant of distress under this Act may be instituted by making complaint before a justice of the peace and applying for a summons requiring the person named in the complaint to appear before a magistrates' court to show why he has not paid the rate specified in the complaint.

(2) The forms of complaint and summons in the First Schedule to this Act, or forms to the like effect, may be used in proceedings under this Act.

(3) If the person summoned fails to appear in obedience to the summons and it is proved to the magistrates' court on oath, or in such other manner as may be prescribed by rules under section fifteen of the Justices of the Peace Act, 1949, that the summons was duly served a reasonable time before the time appointed by the summons for his appearance the magistrates' court may, if it thinks fit, proceed in his absence as if he had appeared in person in obedience to the summons.

S-3 Statement of case on application for warrant.

3 Statement of case on application for warrant.

3. The justices may state a case under the Magistrates' Courts Act, 1952, when called upon to issue a warrant of distress under this Act.

S-4 Execution of warrant of distress.

4 Execution of warrant of distress.

(1) A warrant of distress under this Act may be directed to the rating authority, to the constables of the police area in which the warrant is issued and to such other persons, if any, as the magistrates' court issuing the warrant may think fit, and the warrant shall authorise the persons to whom it is directed to levy the amount which the person against whom the warrant is issued is liable to pay by distress and sale of his goods and chattels.

(2) The foregoing provisions of this Act shall not affect the operation of any enactment which protects goods and chattels of any class from distress or which restricts in any other manner the right to obtain a warrant of distress or its execution.

(3) A warrant of distress under this Act may be executed anywhere in England or Wales by any person to whom it is directed or by any constable acting within his police area.

(4) The forms of warrant of distress in the First Schedule to this Act, or forms to the like effect, may be used in proceedings under this Act and, to save expense, one warrant of distress may be issued against any number of persons in default, as in the second of the said forms.

(5) Any person aggrieved by a distress under this Act for a rate may appeal to the next court of quarter sessions for the area where the rate was made and the appeal shall be heard and finally determined in such sessions.

(6) A distress under this Act shall not be deemed to be unlawful on account of any defect or want of form in the rate or assessment or in the warrant of distress and no person making the distress shall be deemed a trespasser on that account.

(7) No person making a distress under this Act shall be deemed to be a trespasser from the beginning on account of any subsequent irregularity in the execution of the warrant of distress, but a person who has sustained special damage by reason of the irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.

S-5 Costs of obtaining warrant of distress.

5 Costs of obtaining warrant of distress.

(1) The magistrates' court issuing a warrant of distress under this Act may, if it thinks fit, include in the warrant an order that such sum as it may deem reasonable for the costs incurred in obtaining the warrant shall be levied under the warrant.

(2) This section shall have effect subject to the restriction on the allowance of costs imposed by the Poor Rates Recovery Act, 1862 (which, in a case where several rates of the same or different kinds are due from the same person, authorises their inclusion in one warrant of distress or other document and directs that no costs be allowed if several such documents are used where one would be enough).

S-6 Charges for levying distress.

6 Charges for levying distress.

(1) The Minister of Housing and Local Government may make an order regulating the charges in respect of, and incidental to, the levying of distress for rates; and a warrant of distress under this Act may provide that the charges attending the distress, to the amount authorised by the order, shall be levied under the warrant.

(2) Without prejudice to the generality of the foregoing subsection, an order under this section may include provision as to charges in cases where, in pursuance of an agreement in that behalf, the goods distrained are not removed from the premises where the distress is levied, whether any person is left in physical possession of the goods or not.

(3) An order under this section may contain such incidental and supplementary provisions (including provisions as to the settlement of disputes with respect to any charges to which the order relates) as may appear to the Minister to be necessary or expedient for the purposes of the order.

(4) Any order made under this section may be varied or revoked by a subsequent order thereunder and the power of making orders under this section shall be exercisable by statutory instrument.

S-7 Imprisonment in default of sufficiency of distress.

7 Imprisonment in default of sufficiency of distress.

(1) If the person charged with the execution of a warrant of distress for levying a sum to which some person has been rated makes a return to the magistrates' court that he could find no goods or chattels (or no sufficient goods or chattels) on which to levy the sums directed to be levied under the warrant on that person's goods and chattels a magistrates' court may, if it thinks fit, and subject to the provisions of the next following section, issue a warrant of commitment against the said person.

(2) A warrant of commitment under this section may be directed to the rating authority, to the constables of the police area in which the warrant is issued and to such other persons, if any, as the magistrates' court issuing the warrant may think fit; and the warrant may be executed anywhere in England or Wales by any person to whom it is directed or by any constable acting within his police area.

(3) The warrant of commitment shall be made not only for non-payment of the sum alleged to be due for rates but also for—

(a ) such costs incurred in obtaining the warrant of distress as may have been included in the warrant of distress,

(b ) the charges attending the distress, and

(c ) the costs of commitment,

and the said costs and charges shall be stated in the warrant of commitment.

The form of warrant of commitment in the First Schedule to this Act or a form to the like effect may be used in proceedings under this Act.

(4) The order in the warrant of commitment shall be that the said person be imprisoned for a time therein specified but not exceeding three months, unless the sums mentioned in the warrant shall be sooner paid; but if payment is made in accordance with rules under section fifteen of the Justices of the Peace Act, 1949, of part of the said sums mentioned in the warrant, the period of imprisonment shall be reduced by such number of days as bears to the total number of days in the period specified in the warrant less one day the same proportion as the amount so paid bears to so much of the said sums as was due at the time when the period of imprisonment was imposed.

In calculating the reduction required under this subsection any fraction of a day shall be left out of account.

(5) A single warrant of commitment shall not be issued under this section against more than one person.

S-8 Inquiry as to means before issue of warrant of commitment.

8 Inquiry as to means before issue of warrant of commitment.

(1) The last foregoing section shall have effect subject to and in accordance with the following provisions:—

(a ) on the application for the issue of a warrant for the commitment of any person, the magistrates' court shall make inquiry in his presence as to whether his failure to pay the sum to which he was rated and in respect of which the warrant of distress was issued was due either to his wilful refusal or to his culpable neglect;

(b ) if the magistrates' court is of opinion that the failure of the said person to pay the said sum was not due either to his wilful refusal or to his culpable neglect, it shall not issue the warrant.

(2) Where on the application no warrant of commitment is issued, the magistrates' court may remit the payment of any sum to which the application relates, or of any part of that sum.

(3) Where on the application no warrant of commitment is issued, the application may be renewed, except so far as regards any sum remitted under the last foregoing subsection, on the ground that the circumstances of the person to whom the application...

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