Local Government (Financial Provisions) (No. 2) Act, 1983

Further provisions relating to charges made by virtue of section 2 .

6.—(1) An amount payable to a local authority on foot of a charge made by virtue of section 2 of this Act shall be payable either in advance or in such instalments payable on such dates as the authority shall determine, and, in default of being paid within two months of becoming payable, may be recovered by the authority as a simple contract debt in any court of competent jurisdiction.

(2) Where—

(a) a charge is made by a local authority by virtue of section 2 of this Act, and

(b) the charge relates to an application to the authority for the giving, grant or issue by it of an approval or a licence, permit, certificate or other document, and

(c) no amount or an amount which is less than the amount of the charge is received by the authority with the application,

then the period within which the application is either required to be or may be considered by the authority shall not commence until the amount of the charge is received by the authority, and in case, on the expiration of the period of two months commencing on the day on which the application is received by the authority, no amount, or an amount which is less than the amount of the charge, has been received by the authority, the application shall be regarded as having been withdrawn, and where an amount which is less than the amount of the charge has been received by the authority in relation to the application, that amount shall, as soon as may be, be refunded by the authority.