Statutory Instruments made by the National Assembly for Wales

(a) a statement of the works or services to be provided, the name of who will provide them (the name of the BID body or local authority BID body) and the type of body the provider is (whether a local authority, a company under the control of the authority, a limited company, a partnership or other body);

(b) a statement of the existing baseline services (if any) provided by the relevant billing authority or other public authority;

(c) a description of the geographical area (including a map showing that area) in which the proposed BID arrangements are to have effect;

(d) a statement of whether all non-domestic ratepayers in the geographical area or a specified class of them are to be liable for the BID levy, an explanation of how the amount of the BID levy to be levied is to be calculated and an explanation of whether any of the costs incurred in developing the BID proposals, holding of the ballot or implementing the BID are to be recovered through the BID levy;

(e) a statement of the specified class of non-domestic ratepayer (if any) for which and the level at which any relief from the BID levy is to apply;

(f) a statement of whether the BID arrangements may be altered without an alteration ballot and, if so, which aspects of the BID arrangements may be altered in this way;

(g) a statement of the duration of the BID arrangements; and

(h) a statement of the commencement date of the BID arrangements.

    (2) In relation to sub-paragraph (1)(c), the geographical area in which BID arrangements are to have effect must not include part only of a whole hereditament.

    (3) In relation to sub-paragraph (1)(h), the BID proposer must specify how many days after the notice of the result is published pursuant to paragraph 17 of Schedule 2 it proposes the BID arrangements will commence and such commencement date must be no later than a year after the date of that notice.

     2. The matters which must be included in renewal proposals are  - 

(a) a statement of the proposed period (not exceeding 5 years) of the renewed BID arrangements; and

(b) a summary of the BID arrangements (including the geographical area of the BID, the works or service provided, an explanation of who is liable for the BID levy, the level of the BID levy and how it is calculated).

     3.  - (1) Subject to sub-paragraph (2), the matters which must be included in alteration proposals are a description of how it is proposed the BID arrangements are to be altered in relation to each of the following  - 

(a) the works or services to be provided or the person to have responsibility for implementing the BID arrangements;

(b) a summary of the existing baseline services (if any) provided by the relevant billing authority;

(c) the geographical area (including a map showing that area) in which the proposed BID arrangements are to have effect;

(d) the non-domestic ratepayers in the geographical area who are to be liable for the BID levy, an explanation of how the amount of the BID levy to be levied is to be calculated and an explanation of whether any of the costs incurred in developing the BID proposals, holding of the ballot or implementing the BID are to be recovered through the BID levy;

(e) the category of non-domestic ratepayer (if any) for which and the level at which any relief from the BID levy is to apply;

(f) whether the BID arrangements may be altered without an alteration ballot and, if so, which aspects of the BID arrangements may be altered in this way; and

(g) a statement of the commencement date of the alterations to the BID arrangements.

    (2) In relation to sub-paragraph (1)(c), the geographical area in which BID arrangements are to have effect must not include part only of a whole hereditament.

    (3) In relation to sub-paragraph (1)(g), the BID body or local authority BID body, as the case may be, must specify how many days after the notice of the result is published pursuant to paragraph 17 of Schedule 2 it proposes the alterations to the BID arrangements will come into force and such commencement date must be no later than a year after the date of that notice.

(a) a working day;

(b) at least 28 days after the date on which the ballot papers were sent to voters (or, where the ballot papers were sent on more than one date, the last such date); and

(c) no later than 90 days from the date on which the ballot holder published the notice required by paragraph 3(a).

    (2) No later than 42 days before the day of the ballot, the ballot holder may postpone the day of the ballot by up to 15 working days.

    (3) Where the ballot holder postpones the ballot under sub-paragraph (2), he or she must notify the relevant billing authority and the BID proposer or BID body, as the case may be, in writing of the new day of the ballot and the reasons for the postponement and he or she must take reasonable steps to publicise the new day of the ballot.

(a) publish notice of the ballot stating  - 


(i) the day of the ballot; and

(ii) that the ballot will be taken entirely by post, with votes to be returned by 5p.m. on the day of the ballot;



(b) prepare a list of persons entitled to vote and proxies (if any);

(c) send to each person entitled to vote or, if applicable, his or her proxy a statement which  - 



(i) explains the arrangements for the ballot;

(ii) explains that regulation 4(3) allows that person to request a copy of the BID proposals from the BID proposer; and

(iii) provides the name and address of the BID proposer; and



(d) send to the National Assembly a copy of the notice referred to in sub-paragraph (a).



Ballots  -  general

     4.  - (1) Each ballot must be a postal ballot.

    (2) Each person entitled to vote in a BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, shall have one vote in respect of each hereditament occupied or (if unoccupied) owned by him or her in the geographical area of the BID.

    (3) In ascertaining the rateable value of a hereditament for the purposes of a BID ballot, renewal ballot, alteration ballot or re-ballot, as the case may be, no account shall be taken of any alteration to the rateable value which is not shown in the list maintained under section 42(4) of the 1988 Act immediately prior to the end of the day of the ballot.

(a) state the full name and address of the person whom the person entitled to vote (the applicant) wishes to appoint as his or her proxy;

(b) state the address of the applicant's hereditament;

(c) be signed by the applicant; and

(d) contain a statement that he or she has consulted the proxy so named and that that person is capable of being and willing to be appointed.

    (5) An application to appoint a proxy must be refused for the purposes of a particular ballot if it is received by the ballot holder after 5p.m. on the tenth day before the day of the ballot.

    (6) Where the ballot holder grants an application for the appointment of a proxy, the ballot holder must  - 

(a) confirm by notice in writing to the person entitled to vote that the proxy has been appointed, their name and their address; and

(b) include the proxy's details on the list referred to in paragraph 3(b).

    (7) Where the ballot holder refuses an application to appoint a proxy, the ballot holder must notify the applicant in writing of his or her decision and of the reason for it.

    (8) Subject to sub-paragraph (9), the appointment shall remain in force for that ballot only.

    (9) The appointment may be cancelled by the person entitled to vote giving notice to the ballot holder or by the proxy giving notice to the ballot holder that they no longer wish to act as proxy.

    (10) A notice under sub-paragraph (9) by a person entitled to vote cancelling a proxy's appointment must be disregarded for the purposes of a ballot if it is received by the ballot holder after 5p.m. on the fifth day before the date of the poll at that ballot.

    (11) Where the appointment of a proxy is cancelled under sub-paragraph (9), the ballot holder must  - 

(a) notify the person entitled to vote in writing that the appointment has been cancelled;

(b) notify the person whose appointment as proxy has been cancelled in writing, unless the ballot holder has previously been notified by that person that he or she no longer wishes to act as proxy; and

(c) remove the name of the proxy from the record kept under paragraph 3(b).

Requirement of secrecy

     6.  - (1) Every person attending the proceedings in connection with the issue or the receipt of ballot papers must maintain and aid in maintaining the secrecy of the voting and must not attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the way in which any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

    (2) Every person attending at the counting of the votes must maintain and aid in maintaining the secrecy of voting and must not communicate any information obtained at the counting of the votes as to the way in which any vote is given on any particular ballot paper.

    (3) Nothing in this paragraph shall prevent the ballot holder and his or her clerks ascertaining the address and rateable value of each hereditament in respect of which a vote is cast.

     Are you in favour of the Business Improvement District proposals for [insert a list of the names of the streets in the geographical area covered by the BID proposals]?

     Place a cross (X) in the box of your choice.



YES

NO


     This vote is in respect of  - 

     [insert address of the hereditament of the person entitled to vote]

     I confirm that I am entitled to vote in respect of this hereditament.

     Signed . . . . . . . . . . . . . . . . . . . . .

     Name (in block capitals). . . . . . . . . . . . . . . . . . . . .

     Position. . . . . . . . . . . . . . . . . . . . . (NB where the person entitled to vote is a company, partnership or trustees, please state the position held by the person signing)

     Note: for your vote to be valid this ballot paper must be signed and returned to the ballot holder at [insert address for return of ballot papers] by 5p.m. on [insert the day of the ballot]

    (6) Each ballot paper for a renewal ballot, or re-ballot in relation to a renewal ballot, must include the following wording in Welsh and in English - 

     Are you in favour of renewing the Business Improvement District arrangements for [insert a list of the names of the streets in the geographical area covered by the BID proposals] for a further period of [specify duration of the proposed renewed BID arrangements]?

     Place a cross (X) in the box of your choice.



YES

NO


     This vote is in respect of  - 

     [insert address of the hereditament of the person entitled to vote]

     I confirm that I am entitled to vote in respect of this hereditament.

     Signed . . . . . . . . . . . . . . . . . . . . .

     Name (in block capitals). . . . . . . . . . . . . . . . . . . . .

     Position. . . . . . . . . . . . . . . . . . . . . (NB where the person entitled to vote is a company, partnership or trustees, please state the position held by the person signing)

     Note: for your vote to be valid this ballot paper must be signed and returned to the ballot holder at [insert address for return of ballot papers] by 5p.m. on [insert the day of the ballot]

    (7) Each ballot paper for an alteration ballot, or re-ballot in relation to an alteration ballot, must include the following wording in Welsh and in English - 

     Are you in favour of the alteration of the Business Improvement District arrangements for [insert a list of the names of the streets in the geographical area covered by the BID]?

     Place a cross (X) in the box of your choice.



YES

NO


     This vote is in respect of  - 

     [insert address of the hereditament of the person entitled to vote]

     I confirm that I am entitled to vote in respect of this hereditament

     Signed . . . . . . . . . . . . . . . . . . . . .

     Name (in block capitals). . . . . . . . . . . . . . . . . . . . .

     Position. . . . . . . . . . . . . . . . . . . . . (NB where the person entitled to vote is a company, partnership or trustees, please state the position held by the person signing)

     Note: for your vote to be valid this ballot paper must be signed and returned to the ballot holder at [insert address for return of ballot papers] by 5p.m. on [insert the day of the ballot].

Prohibition of disclosure of vote

     9. No person who has voted shall, in any legal proceeding to question the BID ballot, renewal ballot, alteration ballot or re-ballot, be required to state the way in which he or she voted.

(a) the address of the hereditament or the principal place of business of the person entitled to vote on the list prepared under paragraph 3(b);

(b) in the case of a proxy, the address shown for the proxy on the list prepared under paragraph 3(b).

    (3) At the same time there must be issued to each person entitled to vote or, if applicable, his or her proxy  - 

(a) a statement prepared by the ballot holder providing an explanation of the BID arrangements and the arrangements for the ballot; and

(b) an envelope for the return of the ballot paper ("the return envelope").

    (4) For the purpose of delivering the ballot papers, the ballot holder may use  - 

Sums paid for the year under sections 43 and 45 of the Act.

Sums received by the authority for the year in respect of services or facilities provided by it (excluding contributions made by it to the BID under section 43(2)(a) of the Act) under the BID arrangements.

The following, namely  - 

(a) any sums debited to the account for a previous year under sub-paragraph (a) of item 3 of Part 2 of this Schedule which have been recovered by the authority during the year; and

(b) any amount by which, in the opinion of the authority, any provision debited to the account for a previous year under sub-paragraph (b) of that item should be reduced.

Item 4: credit balance from previous year

Any credit balance shown in the account for the previous year.

The cost to the authority for the year in respect of collecting the BID levy.

The expenditure of the authority for the year in respect of the BID arrangements (including sums paid to a third party to undertake the works or services under the BID arrangements).

(a) any sums credited to the account for the year or any previous year under item 1 or 2 of Part 1 of this Schedule which, in the opinion of the authority, are bad debts which should be written off; and

(b) any provision for doubtful debts which, in their opinion, should be made in respect of sums so credited.

Item 4: debit balance from previous year

Any debit balance shown in the account for the previous year.

(a) if the notice is served in the manner described in sub-paragraph (3) below or section 233(2) of the 1972 Act by being left at, or sent by post to, a person's place of business or proper address, to the day on which it is so left or posted, or

(b) in any other case, to the day on which it is served.

    (3) Without prejudice to section 233 of the 1972 Act, where any notice which is required or authorised by this Schedule to be given to or served on a person relates to a hereditament which is (or, where such a notice relates to more than one hereditament, one or more of which is) a place of business of that person, it may be given or served by leaving it at, or by sending it by post to him or her at, the place of business (or, as the case may be, one of those places of business).

    (4) Without prejudice to section 233 of the 1972 Act and sub-paragraph (3) above and subject to sub-paragraphs (5) to (8) below, any notice required or authorised to be given to or served by a billing authority on any person by this Schedule, or any information required by paragraph 3(2) of this Schedule to be supplied to any person when a demand notice (within the meaning of this Schedule) is served  - 

(a) may be so given, served or supplied by sending the notice or information to that person by electronic communication to such address as may be notified by that person for that purpose; or

(b) are to be treated as given, served or supplied to that person where  - 


(i) the billing authority and that person have agreed for that purpose that any documents containing the notice or information may be accessed by that person on a website;

(ii) the document is a document to which that agreement applies;

(iii) the billing authority has published the document on a website; and

(iv) that person is notified, in a manner for the time being agreed for those purposes between him or her and the billing authority, of  - 


(aa) the publication of the document on a website;

(bb) the address of that website; and

(cc) the place on the website where the document may be accessed.

    (5) For the purpose of any legal proceedings, a notice given by a means described in paragraph (4) shall, unless the contrary is proved, be treated as served on the second business day after  - 

(a) it was sent in accordance with sub-paragraph (4)(a); or

(b) notification of its publication was given in accordance with sub-paragraph (4)(b)(iv).

    (6) A person who has notified an address for the purpose of sub-paragraph (4)(a) must, by notice in writing to the billing authority, advise the billing authority of any change in that address; and the change shall take effect on the third business day after the date on which the notice is received by the billing authority.

    (7) A person who has notified an address for the purpose of paragraph sub-paragraph (4)(a) may, by notice in writing to the billing authority, withdraw that notification; and the withdrawal shall take effect on the third business day after the date on which the notice is received by the billing authority.

    (8) A person who has entered into an agreement with the billing authority under sub-paragraph (4)(b)(i) may, by notice in writing to the billing authority, inform the authority that he or she no longer wishes to be a party to the agreement; and where such notice is given, the agreement shall be treated as revoked on the third business day after the date on which the notice is received by the billing authority.

The requirement for demand notices
     2.  - (1) For each chargeable period a relevant billing authority must, in accordance with paragraphs 4 to 6, serve a notice in writing on every person who is liable for the BID levy in relation to the BID arrangements for the period.

    (2) Different demand notices must be served for different chargeable periods.

    (3) A demand notice must be served with respect to the amount payable for every hereditament as regards which a person is liable for the BID levy, though a single notice may relate to the amount payable with respect to more than one such hereditament.

    (4) If a single demand notice relates to the amount payable with respect to more than one hereditament the amounts due under it, and the times at which they fall due, must be determined as if separate notices were issued in respect of each hereditament.

Content of demand notices
     3.  - (1) A demand notice must contain the following matters  - 

(a) a statement of the address and description of each hereditament to which the notice relates;

(b) a statement explaining how the BID levy is calculated for each hereditament to which the notice relates; and

(c) a statement of the days (if any) on which, for the purposes of calculating the payments required to be made under the notice, it was understood that the person who is liable for the BID levy in respect of the hereditament fell within the description in the BID arrangements of persons who are to be liable for the BID levy for the chargeable period in question.

    (2) A billing authority must when it serves a demand notice supply to the person to whom the notice is served the following information  - 

(a) the revenue from the BID levy the billing authority was due to receive in the previous year;

(b) the amount spent on the BID arrangements in the previous year;

(c) a description of the matters on which it was spent; and

(d) a description of the matters on which it is intended to spend the revenue from the BID levy in the financial year.

Invalid notices
     4.  - (1) Where  - 

(a) a demand notice is invalid because it does not comply with paragraph 3;

(b) the failure so to comply was due to a mistake; and

(c) the amounts required to be paid under the notice were demanded in accordance with paragraph 3(1),

the requirement to pay those amounts shall apply as if the notice were valid.

    (2) Where a requirement to pay an amount under an invalid notice subsists by virtue of sub-paragraph (1), the billing authority must as soon as practicable after the mistake is discovered issue to the person who is liable for the BID levy concerned a statement of the matters which were not contained in the notice and which should have been so contained.

Service of demand notices
     5.  - (1) Subject to sub-paragraph (2), a demand notice must be served on or as soon as practicable after  - 

(a) except in a case falling within paragraph (b), the first day of the relevant period; or

(b) if the person falls within the description of person to be liable for the BID levy specified in the BID arrangements as regards the hereditament concerned later in the relevant period, the first day after that day in respect of which he or she falls within that description.

    (2) A demand notice may be served before the beginning of the relevant period on a person with respect to whom on the day it is issued it appears to the relevant billing authority that he or she will fall within the description of person to be liable for the BID levy specified in the BID arrangements as regards the hereditament to which it relates; and if it is so served, references in this Schedule to a person who is liable for the BID levy shall, in relation to that notice and so far as the context permits, be construed as references to that person.

Payments under demand notices
     6.  - (1) If a demand notice is issued before or during the relevant period and it appears to the relevant billing authority that the person falls within the description of person to be liable for the BID levy specified in the BID arrangements in respect of the day on which the notice is issued as regards the hereditament to which it relates, the notice shall require payment of an amount equal to the relevant billing authority's estimate of the amount payable for the period.

    (2) In making an estimate under sub-paragraph (1) the relevant billing authority must assume, as respects a period which falls after the issue of the notice, that the person will continue to fall within the description referred to in sub-paragraph (1).

    (3) If a demand notice is issued during the relevant period but sub-paragraph (1) does not apply, the notice shall require payment of an amount equal to the amount payable for the period in the period up to the day on which the person last fell within the description of person to be liable for the BID levy specified in the BID arrangements as regards the hereditament concerned.

    (4) If, after a notice is served to which sub-paragraph (3) applies, the person again falls within the description of person to be liable for the BID levy specified in the BID arrangements in the relevant period as regards the hereditament concerned, a further notice must be served on him or her requiring payments with respect to the amount payable in relation to the hereditament for the period in the relevant period beginning with the day in respect of which he or she so falls within the said description again.

    (5) Where a further notice is issued under sub-paragraph (4), paragraphs 5 to 8 shall apply to the further notice with respect to the period referred to in sub-paragraph (4) as if it were a demand notice and the person had not previously fallen within the description of person to be liable to the BID levy specified in the BID arrangements.

    (6) If a demand notice is issued after the end of the relevant period, it must require payment of the amount payable for the period.

Payments under demand notices: further provision
     7.  - (1) Unless an agreement under sub-paragraph (3) in relation to the relevant period has been reached before the demand notice is issued, a notice to which paragraph 6(1) applies must require the estimate of the amount payable to be paid on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it.

    (2) If an agreement under sub-paragraph (3) in relation to the relevant period has been reached before the demand notice is issued, a notice to which paragraph 6(1) applies must require the estimate of the amount payable to be paid in accordance with that agreement.

    (3) A relevant billing authority and a person who is liable for the BID levy may agree that the estimate of the amount payable which is required to be paid under a notice to which paragraph 6(1) applies should be paid in such manner as is provided by the agreement.

    (4) Notwithstanding anything in the preceding provisions of this paragraph, such an agreement may be entered into either before or after the demand notice concerned is issued, and may make provision for the cessation or adjustment of payments, and for the making of fresh estimates, in the event of the estimate mentioned in paragraph 6(1) turning out to be wrong; and if it is entered into after the demand notice has been issued, it may make provision dealing with the treatment for the purposes of the agreement of any sums paid before it was entered into.

    (5) A notice to which paragraph 6(3) or (5) applies must require payment of the amount payable on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it.

    (6) No payment in respect of the amount payable by a person who is liable for the BID levy in relation to a hereditament for any chargeable period need be made unless a notice served under this Schedule requires it.

Demand notices: final adjustment
     8.  - (1) This paragraph applies where  - 

(a) a notice has been issued by a relevant billing authority under this Schedule requiring a payment or payments to be made by a person who is liable for the BID levy in respect of the amount payable in relation to a hereditament for a chargeable period or part of a chargeable period;

(b) the payment or payments required to be paid are found to be in excess of or less than the amount payable in relation to the hereditament for the period or the part; and

(c) provision for adjusting the amounts required under the notice and (as appropriate) for the making of additional payments or the repaying or crediting of any amount overpaid is not made by any other provision of this Schedule or of any agreement entered into under paragraph 7(3).

    (2) The relevant billing authority must as soon as practicable after the expiry of the period or the part of a period serve a further notice on the person who is liable for the BID levy stating the amount payable for the period or part in relation to the hereditament, and adjusting (by reference to that amount) the amounts required to be paid under the notice referred to in sub-paragraph (1)(a).

    (3) If the amount stated in the further notice is greater than the amount required to be paid under the notice referred to in sub-paragraph (1)(a), the amount of the difference for which such other provision as is mentioned in sub-paragraph (1)(c) is not made shall be due from the person who is liable for the BID levy to the relevant billing authority on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it.

    (4) If there has been an overpayment in respect of any liability of the person who is liable for the BID levy under this Schedule, the amount overpaid for which such other provision as is mentioned in sub-paragraph (1)(c) is not made  - 

(a) must be repaid if the person who is liable for the BID levy so requires; or

(b) in any other case must (as the relevant billing authority determines) either be repaid or be credited against any subsequent liability of the person who is liable for the BID levy to pay anything to it by way of the BID levy or non-domestic rate.

Enforcement
     9. Part III of and Schedules 2 to 4 to the 1989 Regulations shall apply to the enforcement of the BID levy with the following modifications  - 

(a) the reference in regulations 10 and 20 to a sum which has become payable to a billing authority under Part II of those regulations must be read as including a reference to a sum which has become payable to a billing authority under this Schedule;

(b) regulation 11(3) shall not apply;

(c) regulation 12(1) must be read as if the words from "an amount which has fallen due under regulation 8(2)" to "required under regulation 11)" were excluded;

(d) the definition of "authorised person" in regulation 21(7) must be read as including a person authorised by a billing authority to exercise any functions relating to the collection and enforcement of the BID levy;

(e) the reference in regulation 22 to a sum which has become payable under Part II of those regulations to a person other than a billing authority must be read as including a reference to a sum which has become payable under this Schedule to a person other than a billing authority;

(f) regulation 23(2) must be read as if the words "or the contents of any BID arrangements made under Part 4 of the Local Government Act 2003" were inserted after the words "such a list" and the words "or the arrangements" were inserted after the words "list or extract";

(g) regulation 23(3) must be read as if  - 


(i) for sub-paragraphs (a) and (b) there were substituted a reference to notification which is given under paragraph 8(2) of this Schedule; and

(ii) the words "or the multiplier in substitution is set under paragraph 10 of Schedule 7 to the Act (as the case maybe)" were excluded; and



(h) regulation 23(4) must be read as if for the word "paragraph (3)(a) in the case in question, or sets a multiplier in substitution so that paragraph 10(4) of Schedule 7 to the Act applies in the case in question" there were substituted a reference to paragraph 8(2) of this Schedule.

Outstanding liabilities on death
     10.  - (1) This paragraph applies where a person dies and at any time before their death they were (or are alleged to have been) liable for a BID levy.

    (2) Where  - 

(a) before the deceased's death a sum has become payable by them under this Schedule or by way of relevant costs in respect of a BID levy but has not been paid; or

(b) after the deceased's death a sum would, but for their death (and whether or not on the service of a notice) become payable by them under this Schedule in respect of a BID levy,

their executor or administrator shall, subject to sub-paragraph (3) and to the extent that it is not in excess of the deceased's liability (including relevant costs payable by them) in respect of the BID levy, be liable to pay the sum and may deduct out of the assets and effects of the deceased any payments made (or to be made).

    (3) Where sub-paragraph (2)(b) applies, the liability of the executor or administrator does not arise until the service on them of a notice requiring payment of the sum.

    (4) Where before the deceased's death a sum in excess of their liability (including relevant costs payable by them) in respect of a BID levy has been paid (whether the excess arises because of their death or otherwise) and has not been repaid or credited under this Schedule, their executor or administrator shall be entitled to the sum.

    (5) Costs are relevant costs for the purposes of sub-paragraphs (2) and (4) if  - 

(a) an order or warrant (as the case may be) was made by the court in respect of them under regulation 12(6)(b) or (7) or 16(4)(b) of the 1989 Regulations, or in proceedings under regulation 20 of the 1989 Regulations; or

(b) they are charges connected with distress which may be recovered pursuant to regulation 14(2)(b) of the 1989 Regulations.

    (6) A sum payable under sub-paragraph (2) shall be enforceable in the administration of the deceased's estate as a debt of the deceased and accordingly  - 

(a) no liability order need be applied for in respect of it after the deceased's death under regulation 12 of the 1989 Regulations, and

(b) the liability of the executor or administrator is a liability in their capacity as such.