SCHEDULES
C1C2C3C4 SCHEDULE 12Taking control of goods
Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3
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)
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)
C2Part 2The procedure
General powers to use reasonable force
I1C217
Where paragraph 18 F3, 18A, 19 or 19A applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised.
I2C218
This paragraph applies if these conditions are met—
a
the enforcement agent has power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15;
b
he is acting under an enforcement power conferred by a warrant of control under section 76(1) of the Magistrates' Courts Act 1980 (c. 43) for the recovery of a sum adjudged to be paid by a conviction;
c
he is entitled to execute the warrant by virtue of section 125A (civilian enforcement officers) or 125B (approved enforcement agencies) of that Act.
F218A
1
This paragraph applies if these conditions are met—
a
the enforcement agent has power to enter the premises under paragraph 14;
b
the enforcement agent reasonably believes that the debtor carries on a trade or business on the premises;
c
the enforcement agent is acting under a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;
d
the sum so payable is not a traffic contravention debt.
2
“Traffic contravention debt” has the meaning given by section 82(2) of the Traffic Management Act 2004.
I3C219
1
This paragraph applies if these conditions are met—
a
the enforcement agent has power to enter the premises under paragraph 16;
b
he reasonably believes that the debtor carries on a trade or business on the premises;
c
he is acting under an enforcement power within sub-paragraph (2).
2
The enforcement powers are those under any of the following—
a
a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;
F4b
section 127 of the Finance Act 2008.
C2F1 19A
1
This paragraph applies if these conditions are met—
a
the enforcement agent has power to enter the premises under paragraph 16;
b
the enforcement agent has taken control of the goods by entering into a controlled goods agreement with the debtor;
c
the debtor has failed to comply with any provision of the controlled goods agreement relating to the payment by the debtor of the debt;
d
the debtor has been given notice of the intention of the enforcement agent to enter the premises to inspect the goods or to remove them for storage or sale;
e
neither paragraph 18 nor paragraph 19 applies.
2
For the purposes of a notice under sub-paragraph (1)(d), regulations must state—
a
the minimum period of notice;
b
the form of the notice;
c
what it must contain;
d
how it must be given;
e
who must give it.
3
The enforcement agent must keep a record of the time when a notice under sub-paragraph (1)(d) is given.
4
If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.
5
The order may be subject to conditions.
Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)