The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014

Amendment of Business Improvement Districts Regulations

9.—(1) The Business Improvement Districts (England) Regulations 2004(1) are amended as follows.

(2) In Schedule 4—

(a) in paragraph 1, after sub-paragraph (9) insert—

“(10) In this Schedule, “the Schedule 12 procedure” means the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods and selling them to recover a sum of money).”;

(b) in paragraph 9, in sub-paragraph (1), for “Schedules 3 and 4” substitute “Schedule 4”;

(c) in paragraph 10 (Outstanding liabilities on death), in sub-paragraph (5)(b), for the words after “charges” substitute “which may be recovered pursuant to the Taking Control of Goods (Fees) Regulations 2014”;

(d) in paragraph 13 (Joint owners and occupiers: enforcement)—

(i) in sub-paragraph (5), for “distress may be made” substitute “the Schedule 12 procedure may be used”;

(ii) in sub-paragraphs (6) and (7), for “distress has been made” substitute “the Schedule 12 procedure has been used”;

(iii) in sub-paragraphs (8) and (9), for “distress” in each place where it occurs substitute “the Schedule 12 procedure”;

(iv) in sub-paragraph (10)—

(aa) for “making distress” substitute “using the Schedule 12 procedure”;

(bb) for “distress being levied against” substitute “control being taken of”;

(cc) for “under Schedule 3 to the 1989 Regulations from such a distress” substitute “under the Taking Control of Goods (Fees) Regulations 2014 from the use of the Schedule 12 procedure”; and

(dd) for “levy was intended to be made” substitute “Schedule 12 procedure was intended to be used”; and

(v) for sub-paragraph (11) substitute—

“(11) Where—

(a) a liability order has been made against more than one person in respect of an amount; and

(b) a charge has arisen against one of them for the enforcement stage within the meaning of regulation 5 of the Taking Control of Goods (Fees) Regulations 2014 in respect of that amount,

no further charge for the enforcement stage or compliance stage (within the meaning of regulation 5 of the Taking Control of Goods (Fees) Regulations 2014) in consequence of any further use or attempted use of the Schedule 12 procedure in respect of that amount may be recovered from any of them; and a charge for the compliance stage shall be treated for those purposes as a charge with respect to the others as well as that one.”; and

(e) in paragraph 14 (Enforcement in relation to partnerships), in paragraph (4)—

(i) for “distress being levied against” substitute “control being taken of”; and

(ii) for “under Schedule 3 to the 1989 Regulations from such a distress” substitute “under the Taking Control of Goods (Fees) Regulations 2014 from the use of the Schedule 12 procedure”.

(1)

S.I. 2004/2443; amended by S.I. 2013/2265