SCHEDULES
C1SCHEDULE 12Taking control of goods
Part 2The procedure
Goods on a highway
31
1
If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods on a highway.
2
The court may not issue a warrant unless it is satisfied that prescribed conditions are met.
3
The warrant may require any constable to assist the enforcement agent to execute it.
4
The power to use force is subject to any restriction imposed by or under regulations.
5
The power to use force does not include power to use force against persons, except to the extent that regulations provide that it does.
32
1
The enforcement agent may not exercise any power under this Schedule on a highway except within prescribed times of day.
2
Regulations may give the court power in prescribed circumstances to authorise him to exercise a power at other times.
3
The authorisation may be subject to conditions.
33
1
If the enforcement agent takes control of goods on a highway or enters a vehicle on a highway with the intention of taking control of goods, he must provide a notice for the debtor giving information about what he is doing.
2
Regulations must state—
a
the form of the notice;
b
what information it must give.
3
If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then.
4
Otherwise the enforcement agent must deliver the notice to any relevant premises (as defined by paragraph 14) in a sealed envelope addressed to the debtor.
Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)