SCHEDULES
C1C2C3C4 SCHEDULE 12Taking control of goods
Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3
Sch. 12 applied by S.I. 2013/2605, art. 21K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 8)
Sch. 12 applied by S.I. 2014/1893, art. 34K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 20)
C2Part 2The procedure
Limitation of liability for sale or payment of proceeds
I1C263
1
Any liability of an enforcement agent or related party to a lawful claimant for the sale of controlled goods is excluded except in two cases.
2
The first exception is where at the time of the sale the enforcement agent had notice that the goods were not the debtor's, or not his alone.
3
The second exception is where before sale the lawful claimant had made an application to the court claiming an interest in the goods.
4
A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.
Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)