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RATES (NORTHERN IRELAND) ORDER 1977 - SECT 32



32.(1) Without prejudice to Article 9(2) or to any right of deduction or
set-off, any sum due by a person to the Department on account of a rate
leviable on him shall be recoverable, as a debt due to the Department,
summarily or by action in the county court or the High Court.

(2) The jurisdiction conferred on a court of summary jurisdiction or a county
court by paragraph (1) may be exercised notwithstanding anything to the
contrary in any transferred provision which imposes limitations on the
jurisdiction of such a court by reference to an amount or balance claimed or
to the amount of an account or the value of property.

(3) Notwithstanding any other transferred provision, proceedings under this
Article for the recovery from any person of a sum due by him on account of a
rate in respect of any hereditament may be heard or determined by a court of
summary jurisdiction, or the county court, having jurisdiction in the whole or
any part of the petty sessions district, or the division, in which that person
resides or in which the hereditament, or any part of it, is situated.

(4) No proceedings for the recovery of any sum due to the Department on
account of a rate shall be instituted except after the expiration of at least
seven days from the date of service of the demand note on which the rate is
levied; and an averment in the process that the demand note was served at
least seven days prior to such proceedings being instituted shall be
admissible in the proceedings as sufficient evidence of that fact.

(5) A person authorised in writing by the Department to exercise functions
under this paragraph may authorise the institution of and, although not a
practising solicitor, institute, appear in and conduct on behalf of the
Department proceedings in any court of summary jurisdiction for the recovery
of any sum due to the Department on account of a rate; and any such
proceedings which have been begun by one such person may be continued by
another such person.

(6) All or any of the sums due on account of rates from any one person may,
whether or not they are due in respect of the same hereditament, be included
in the same process, order or other document authorised or required by law to
be issued, and every such document as aforesaid shall, as respects each such
sum be construed as a separate document, and its invalidity as respects any
one such sum shall not affect its validity as respects any other such sum.

(7) In any proceedings for the recovery of a sum due to the Department on
account of a rate no question shall be raised in respect of any matter in
respect of which relief might have been obtained

(a)under Article 11 by means of an appeal against the rate; or

(b)under Article 13(3) by means of an appeal as to the appropriate date for
the taking effect of an alteration in the valuation list; or

(c)under Article 31(4) by means of an appeal on a question arising under that
Article; or

(d)under Part III by means of

(i)an application for revision of the valuation list; or

(ii)an appeal against the making or refusal of an alteration in the valuation
list, or an application for the review of such an alteration.

(8) For the purposes of section 8 of the Statute of Limitations (Northern
Ireland) 1958 and section 72(1) of the Magistrates' Courts Act (Northern
Ireland) 1964 (debt, etc., proceedings not to be commenced after six years
from date when cause of action accrued or arose), the cause of action for the
recovery of a sum due on account of a rate of any year shall be deemed to have
accrued or arisen on 1st April in that year, and for the purposes of this
Order the said section 72(1) shall bind the Crown.

(9) In this Article "process" includes a process under Part VII of the
Magistrates' Courts Act (Northern Ireland) 1964, a civil bill and a writ.



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