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RATES (NORTHERN IRELAND) ORDER 1977 - SECT 33

33.(1) Where the Department claims to recover from any person as being the
owner of a hereditament any sum due on account of a rate levied on him in
respect of that hereditament, and that person proves that he

(a)is receiving the rent of the hereditament merely as agent or trustee for
some other person; and

(b)does not hold, and since the date on which the rate became due and payable
has not held or received, on behalf of that other person sufficient money to
discharge the whole demand of the Department;

(2) Where a person to whom paragraph (1) applies has paid out of money held or
received by him on behalf of the person for whom he acts as agent or trustee

(a)any sum to a district council in respect of expenses claimed by the council
to be recoverable from him by it under any provision of the Public Health Acts
(Northern Ireland) 1878 to 1967, or

(b)any sum necessary to defray the cost of abating, in accordance with a
notice served by a district council, a nuisance which is liable to be dealt
with summarily in manner provided by those Acts and of executing such works
and doing such things as may be necessary for that purpose,

(3) Without prejudice to any other provision of this Part, where the
Department is, or would be, debarred by paragraph (1) from recovering the
whole of any sum such as is there mentioned from an agent or trustee, the
Department may recover the whole or any unpaid balance of that sum from the
person on whose behalf the agent or trustee receives the rent as if it were
arrears of rate payable by him.

© 1977 Crown Copyright

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