SCHEDULES

C1SCHEDULE 12Taking control of goods

Annotations:
Modifications etc. (not altering text)

Part 2The procedure

Abandonment of goods other than securities

52

Paragraphs 53 and 54 apply to controlled goods other than—

a

securities;

b

money to which paragraph 37(1) does not apply.

53

1

Controlled goods are abandoned if the enforcement agent does not give the debtor or any co-owner notice under paragraph 40 (notice of sale) within the permitted period.

2

Controlled goods are abandoned if they are unsold after a sale of which notice has been given in accordance with that paragraph.

3

Regulations may prescribe other circumstances in which controlled goods are abandoned.

54

1

If controlled goods are abandoned then, in relation to the enforcement power concerned, the following apply—

a

the enforcement power ceases to be exercisable;

b

as soon as reasonably practicable the enforcement agent must make the goods available for collection by the debtor, if he removed them from where he found them.

2

Regulations may make further provision about arrangements under sub-paragraph (1)(b), including in particular provision about the disposal of goods uncollected after a prescribed period.

3

Where the enforcement power was under a writ or warrant, sub-paragraph (1) does not affect any power to issue another writ or warrant.