Section 114 | Enforcement of requirement to pay sums due to individuals

(1)In a case where it appears to the Secretary of State that the liable party has failed to comply with a requirement in a notice of underpayment to pay a sum to an underpaid individual, the Secretary of State may apply to the court for an order under this section.

(2)An application under this section may be made only if—

(a)the relevant 28-day period has ended, and

(b)the liable party’s appeal rights are exhausted (see subsection (5)).

(3)If, on an application under this section, the court is satisfied that—

(a)the notice was given to the liable party and has not been withdrawn, and

(b)the liable party has failed to comply with a requirement imposed by the notice to pay a sum to an underpaid individual,

the court must order the liable party to pay the sum to the underpaid individual within the period specified in the order.

(4)This section does not affect any right of an underpaid individual to recover any sums owed by the liable party to the individual.

(5)For the purposes of this section, the liable party’s appeal rights are exhausted if—

(a)the relevant 28-day period ended without an appeal being made under section 110 in respect of the notice,

(b)any appeal made under that section by the liable party in respect of the notice has been withdrawn, or

(c)any such appeal has been finally determined and the notice has not been cancelled under subsection (6) of that section.

(6)In this section—

“the court” means—

the county court, in relation to England and Wales;

the sheriff or a summary sheriff, in relation to Scotland;

a county court, in relation to Northern Ireland;

“the relevant 28-day period” means the period of 28 days beginning with the day on which the notice (or, where section 110(7)(b) applies, the rectified notice) is given.