The Child Support (Collection and Enforcement) Regulations 1992

Enforcement of liability orders by distress

30.—(1) A distress made pursuant to section 35(1) of the Act may be made anywhere in England and Wales.

(2) The person levying distress on behalf of the Secretary of State shall carry with him the written authorisation of the Secretary of State, which he shall show to the liable person if so requested, and he shall hand to the liable person or leave at the premises where the distress is levied—

(a) copies of this regulation, regulation 31 and Schedule 2;

(b) a memorandum setting out the amount which is the appropriate amount for the purposes of section 35(2) of the Act;

(c) a memorandum setting out details of any arrangement entered into regarding the taking of possession of the goods distrained; and

(d) a notice setting out the liable person’s rights of appeal under regulation 31 giving the Secretary of State’s address for the purposes of any appeal.

(3) A distress shall not be deemed unlawful on account of any defect or want of form in the liability order.

(4) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the Secretary of State, the Secretary of State shall accept the amount and the levy shall not be proceeded with.

(5) Where the Secretary of State has seized goods of the liable person in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the Secretary of State, the Secretary of State shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the liable person.