Tribunals, Courts and Enforcement Act 2007 (c. 15)

SCHEDULES

SCHEDULE 12 E+W Taking control of goods

Modifications etc. (not altering text)

C1 Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)

C2 Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3

C3 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)

C4 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)

Part 1 E+W Introductory

The procedure E+W

1 (1) Using the procedure in this Schedule to recover a sum means taking control of goods and selling them to recover that sum in accordance with this Schedule and regulations under it. E+W

(2) In this Schedule a power to use the procedure to recover a particular sum is called an “enforcement power”.

(3) The following apply in relation to an enforcement power.

(4) “Debt” means the sum recoverable.

(5) “Debtor” means the person liable to pay the debt or, if two or more persons are jointly or jointly and severally liable, any one or more of them.

(6) “Creditor” means the person for whom the debt is recoverable.

Commencement Information

I1 Sch. 12 para. 1 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Enforcement agents E+W

2 (1) In this Schedule “enforcement agent” means an individual authorised by section 63(2) to act as an enforcement agent. E+W

(2) Only an enforcement agent may take control of goods and sell them under an enforcement power.

(3) An enforcement agent, if he is not the person on whom an enforcement power is conferred, may act under the power only if authorised by that person.

(4) In relation to goods taken control of by an enforcement agent under an enforcement power, references to the enforcement agent are references to any person for the time being acting as an enforcement agent under the power.

Commencement Information

I2 Sch. 12 para. 2 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

General interpretation E+W

3 (1) In this Schedule— E+W

• “amount outstanding” is defined in paragraph 50(3);

• “control” (except in paragraph 5(4)(a)) means control under an enforcement power;

• “controlled goods” means goods taken control of that—

  (a)

  have not been sold or abandoned,

  (b)

  if they have been removed, have not been returned to the debtor (unless subject to a controlled goods agreement), and

  (c)

  if they are goods of another person, have not been returned to that person;

• “controlled goods agreement” has the meaning given by paragraph 13(4);

• “co-owner” in relation to goods of the debtor means a person other than the debtor who has an interest in the goods, but only if the enforcement agent—

  (a)

  knows that the person has an interest in the particular goods, or

  (b)

  would know, if he made reasonable enquiries;

• “the court”, unless otherwise stated, and subject to rules of court, means—

  (a)

  the High Court, in relation to an enforcement power under a writ of the High Court;

  (b)

  [F1 the county court], in relation to an enforcement power under a warrant issued by [F1 the county court];

  (c)

  in any other case, a magistrates' court;

• “disposal” and related expressions, in relation to securities, are to be read in accordance with paragraph 48(2);

• “exempt goods” means goods that regulations exempt by description or circumstances or both;

• “goods” means property of any description, other than land;

• “interest” means a beneficial interest;

• “money” means money in sterling or another currency;

• “premises” means any place, and in particular includes—

  (a)

  a vehicle, vessel, aircraft or hovercraft;

  (b)

  a tent or movable structure;

• “securities” includes bills of exchange, promissory notes, bonds, specialties and securities for money.

(2) In this Schedule—

(a) references to goods of the debtor or another person are references to goods in which the debtor or that person has an interest, but

(b) references to goods of the debtor do not include references to trust property in which either the debtor or a co-owner has an interest not vested in possession.

Textual Amendments

F1 Words in Sch. 12 para. 3(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I3 Sch. 12 para. 3(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(i)

I4 Sch. 12 para. 3(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I5 Sch. 12 para. 3(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)