SCHEDULES

C1C2C3C4 SCHEDULE 12Taking control of goods

Annotations:
Modifications etc. (not altering text)
C2

Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3

C2Part 2The procedure

Third party claiming goods

60

I21

This paragraph applies where a person makes an application to the court claiming that goods taken control of are his and not the debtor's.

I22

After receiving notice of the application the enforcement agent must not sell the goods, or dispose of them (in the case of securities), unless directed by the court under this paragraph.

I23

The court may direct the enforcement agent to sell or dispose of the goods if the applicant fails to make, or to continue to make, the required payments into court.

I1I34

The required payments are—

a

payment on making the application (subject to sub-paragraph (5)) of an amount equal to the value of the goods, or to a proportion of it directed by the court;

b

payment, at prescribed times (on making the application or later), of any amounts prescribed in respect of the enforcement agent's costs of retaining the goods.

I1I35

If the applicant makes a payment under sub-paragraph (4)(a) but the enforcement agent disputes the value of the goods, any underpayment is to be—

a

determined by reference to an independent valuation carried out in accordance with regulations, and

b

paid at the prescribed time.

I26

If sub-paragraph (3) does not apply the court may still direct the enforcement agent to sell or dispose of the goods before the court determines the applicant's claim, if it considers it appropriate.

I27

If the court makes a direction under sub-paragraph (3) or (6)—

a

paragraphs 38 to 49, and regulations under them, apply subject to any modification directed by the court;

b

the enforcement agent must pay the proceeds of sale or disposal into court.

I28

In this paragraph “the court”, subject to rules of court, means—

a

the High Court, in relation to an enforcement power under a writ of the High Court;

b

F1the county court, in relation to an enforcement power under a warrant issued by F1the county court;

c

in any other case, the High Court or F1the county court.