Page:The Public General Acts and Church Assembly Measure 1960.pdf/18



Without prejudice to the generality of the foregoing sub section, 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.

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.

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.

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.

A warrant of commitment under this section may be to the constables of the police directed to the rating authority, issued and to such other persons, area in which the warrant is 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.

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

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

the charges attending the distress, and

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.

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