This Section addresses the recovery of arrears when the requirement to pay those arrears contained in a notice of underpayment is not complied with within the specified period.
	Subsection (1) sets out that the Secretary of State can make an application to the court for an order where it appears to the Secretary of State that the liable party has failed to comply with a requirement to pay the arrears contained in a notice of underpayment to an underpaid individual.
	Subsection (2) provides that an application can only be made if the liable party’s appeal rights are exhausted (which is defined at subsection (5)), and the relevant 28-day period has ended.
	Subsection (3) provides that if the court is satisfied that the notice was given to the liable party (without being withdrawn) and the liable party has failed to comply with the requirement to pay a sum to the underpaid individual, it must order the liable party to comply within the period specified in the order.
	Subsection (4) provides that nothing in this Section prevents an underpaid individual from recovering the sums owed to them.
	Subsection (5) sets out that the liable party’s appeal rights are exhausted if:
the 28-day period ended without an appeal being made;
an appeal has been withdrawn;
an appeal has been determined, and the notice has not been cancelled.
	Subsection (6) defines terms used in this Section. "Relevant 28-day period" refers to the period of 28 days starting from the day on which the notice was given (or, where Section 110 (7)b) applies, the day on which the rectified notice was given), and "court" refers to the county court in England and Wales; the sheriff or summary sheriff in Scotland; and a county court in Northern Ireland.
Part 5: Enforcement of Labour Market Legislation Notice of Underpayment Section 114 - Enforcement of requirement to pay sums due to individuals