Regulation 45(2)(b)
SCHEDULE 5CHARGES CONNECTED WITH DISTRESS
1. The sum in respect of charges connected with the distress which may be aggregated under regulation 45(2) shall be set out in the following Table—
| (1) | (2) |
|---|---|
| Matter connected with distress | Charge |
A. For making a visit to premises with a view to levying distress (whether the levy is made or not): | Reasonable costs and fees incurred, but not exceeding an amount which, when aggregated with charges under this head for any previous visits made with a view to levying distress in relation to an amount in respect of which the liability order concerned was made, is not greater than the relevant amount calculated under paragraph 2(1) with respect to the levy. |
B. For levying distress: | An amount (if any) which, when aggregated with charges under head A for any visits made with a view to levying distress in relation to an amount in respect of which the liability order concerned was made, is equal to the relevant amount calculated under paragraph 2(1) with respect to the levy. |
C. For the removal and storage of goods for the purpose of sale: | Reasonable costs and fees incurred. |
D. For the possession of goods as described in paragraph 2(3)— (i)for close possession (the man in possession to provide his own board); | £4.50 per day. |
(ii)for walking possession: | 45p per day. |
E. For appraisement of an item distrained, at the request in writing of the debtor: | Reasonable fees and expenses of the broker appraising. |
F. For other expenses of, and commission on, a sale by auction— (i)where the sale is held on the auctioneer’s premises: | The auctioneer’s commission fee and out-of-pocket expenses (but not exceeding in aggregate 15 per cent. of the sum realised), together with reasonable costs and fees incurred in respect of advertising. |
(ii)where the sale is held on the debtor’s premises: | The auctioneer’s commission fee (but not exceeding 7½ per cent. of the sum realised), together with the auctioneer’s out-of-pocket expenses and reasonable costs and fees incurred in respect of advertising. |
G. For other expenses incurred in connection with a proposed sale where there is no buyer in relation to it: | Reasonable costs and fees incurred. |
2.—(1) In heads A and B of the Table to paragraph 1, “the relevant amount” with respect to a visit or a levy means—
(a)where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50,
(b)where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum;
and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time.
(2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount.
(3) An authority takes close or walking possession of goods for the purposes of head D of the Table to paragraph 1 if it takes such possession in pursuance of an agreement which is made at the time that the distress is levied and which (without prejudice to such other terms as may be agreed) is expressed to the effect that, in consideration of the authority not immediately removing the goods distrained upon from the premises occupied by the debtor and delaying its sale of the goods, the authority may remove and sell the goods after a later specified date if the debtor has not by then paid the amount distrained for (including charges under this Schedule); and an authority is in close possession of goods on any day for these purposes if during the greater part of the day a person is left on the premises in physical possession of the goods on behalf of the authority under such an agreement.
3.—(1) Where the calculation under this Schedule of a percentage of a sum results in an amount containing a fraction of a pound, that fraction shall be reckoned as a whole pound.
(2) In the case of dispute as to any charge under this Schedule, the amount of the charge shall be taxed.
(3) Such a taxation shall be carried out by the district judge of the county court for the district in which the distress is or is intended to be levied, and he may give such directions as to the costs of the taxation as he thinks fit; and any such costs directed to be paid by the debtor to the billing authority shall be added to the sum which may be aggregated under regulation 45(2).
(4) References in the Table to paragraph 1 to costs, fees and expenses include references to amounts payable by way of value added tax with respect to the supply of goods or services to which the costs, fees and expenses relate.