Commentary on Sections: Part 3
Schedule 13: Taking control of goods: amendments
337.This Schedule amends the existing legislation referred to in paragraph 332 under which the unified procedure in Schedule 12 will be used. It also contains amendments consequential on the introduction of the new procedure and terminology. So, where appropriate, references to warrants of execution and warrants of distress are amended to warrants of control, references to writs of fieri facias are amended to writs of control, references to distrain and distraint are amended to taking control of goods and references to walking possession agreements are amended to controlled goods agreements.
338.A walking possession agreement is an agreement between the person who has the power to seize the goods (“the distrainor”) and the debtor. The distrainor agrees that the debtor can retain possession of the goods without anyone being left on the premises to guard them. In return, the debtor agrees not to remove the goods until he makes payment for the debt and that the distrainor may return to the premises at a later date to remove the goods for sale if payment is not made.
339.In addition, where a power to distrain is not currently set out on the face of an Act, but instead secondary legislation under the Act authorises distraint, the Schedule amends the Act so that the power to distrain (which becomes a power to use the procedure in Schedule 12) is on the face of the Act rather than in secondary legislation.
