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 2 E+W The procedure

Limitation of liability for sale or payment of proceeds E+W

64 (1) Any liability of an enforcement agent or related party to a lawful claimant for paying over proceeds is excluded except in two cases. E+W

(2) The first exception is where at the time of the payment he had notice that the goods were not the debtor's, or not his alone.

(3) The second exception is where before that time the lawful claimant had made an application to the court claiming an interest in the goods.

(4) A lawful claimant in relation to goods is a person who has an interest in them at the time of sale.

Commencement Information

I1 Sch. 12 para. 64 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)