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The Criminal Procedure (Amendment) Rules 2015

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Amendments to the Criminal Procedure Rules 2014

This section has no associated Explanatory Memorandum

10.  In Part 52 (Enforcement of fines and other orders for payment)—

(a)in rule 52.1 (When this Part applies)—

(i)for paragraph (2) substitute—

(2) Rules 52.7 to 52.9 apply where the court, or a fines officer, issues a warrant for an enforcement agent to take control of a defendant’s goods and sell them, using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007(1)., and

(ii)for the final paragraph of the note to the rule substitute—

See also section 62 of, and Schedule 12 to, the Tribunals, Courts and Enforcement Act 2007. In that Act, a warrant to which this Part applies is described as ‘a warrant of control’.;

(b)rename rule 52.7, ‘Information to be included in a warrant of control’;

(c)for rules 52.8 and 52.9 substitute—

Warrant of control: application by enforcement agent for extension of time, etc.

52.8.(1) This rule applies where an enforcement agent wants the court to exercise a power under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or under regulations made under that Schedule, to—

(a)shorten or extend a time limit;

(b)give the agent authority to—

(i)enter premises which the agent would not otherwise have authority to enter,

(ii)enter or remain on premises at a time at which the agent would not otherwise have authority to be there,

(iii)use reasonable force, in circumstances in which the agent would not otherwise have authority to use such force,

(iv)sell goods by a method which the agent would not otherwise have authority to use, or

(v)recover disbursements which the agent would not otherwise have authority to recover;

(c)specify the manner in which goods which have not been sold must be disposed of.

(2) Such an enforcement agent must—

(a)apply in writing;

(b)serve the application on the court officer; and

(c)pay any fee prescribed.

(3) The application must—

(a)identify the power that the agent wants the court to exercise;

(b)explain how the conditions for the exercise of that power are satisfied, including any condition that requires the agent to give another person notice of the application;

(c)specify those persons, if any, to whom the agent has given notice in accordance with such a condition; and

(d)propose the terms of the order that the agent wants the court to make.

(4) A person to whom the enforcement agent has given notice of an application and who wants to make representations to the court must—

(a)serve the representations on—

(i)the court officer,

(ii)the enforcement agent, and

(iii)any other person to whom the enforcement agent gave notice;

(b)do so as soon as reasonably practicable and in any event within such period as the court directs; and

(c)in the representations, propose the terms of the order that that person wants the court to make, and explain why.

(5) The court—

(a)must not determine an application unless any person to whom the enforcement agent gave notice—

(i)is present, or

(ii)has had a reasonable opportunity to respond;

(b)subject to that, may determine an application—

(i)at a hearing, which must be in private unless the court otherwise directs, or

(ii)without a hearing.

[Note. See paragraphs 8, 15, 20, 21, 25, 31, 32 and 41 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007(2), regulations 6, 9, 13, 22, 25, 28, 29, 41 and 47 of the Taking Control of Goods Regulations 2013(3) and regulation 10 of the Taking Control of Goods (Fees) Regulations 2014(4). Under paragraph 41 of that Schedule and regulation 41 of the 2013 Regulations, on an application for authority to sell goods otherwise than by public auction the enforcement agent must give notice to a creditor of the defendant in the circumstances described in those provisions.]

Warrant of control: application to resolve dispute

52.9.(1) This rule applies where a defendant’s goods are sold using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and there is a dispute about—

(a)what share of the proceeds of those goods should be paid by the enforcement agent to a co-owner; or

(b)the fees or disbursements sought or recovered by the enforcement agent out of the proceeds.

(2) An enforcement agent, a defendant or a co-owner who wants the court to resolve the dispute must—

(a)apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b)serve the application on—

(i)the court officer,

(ii)each other party to the dispute, and

(iii)any other co-owner; and

(c)pay any fee prescribed.

(3) The application must—

(a)identify the warrant of control;

(b)specify the goods sold, the proceeds, and the fees and disbursements sought or recovered by the enforcement agent;

(c)identify the power that the applicant wants the court to exercise;

(d)specify the persons served with the application;

(e)explain the circumstances of the dispute; and

(f)propose the terms of the order that the applicant wants the court to make.

(4) A person served with an application who wants to make representations to the court must—

(a)serve the representations on—

(i)the court officer,

(ii)the applicant, and

(iii)any other person on whom the application was served;

(b)do so as soon as reasonably practicable and in any event within such period as the court directs; and

(c)in the representations, propose the terms of the order that that person wants the court to make, and explain why.

(5) The court—

(a)must determine an application at a hearing, which must be in private unless the court otherwise directs;

(b)must not determine an application unless each party—

(i)is present, or

(ii)has had a reasonable opportunity to attend.

[Note. See paragraph 50 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007(5), and regulations 15 and 16 of the Taking Control of Goods (Fees) Regulations 2014(6).]; and

(d)amend the table of contents correspondingly.

(2)

2007 c. 15. Paragraph 31 of Schedule 12 was amended by section 25(1), (5) of the Crime and Courts Act 2013 (c. 22). Paragraphs 60 and 66 of Schedule 12 were amended by paragraph 52 of Schedule 9 to the Crime and Courts Act 2013 (c. 22).

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