The Taking Control of Goods Regulations 2013

1. Introductory Text

2. PART 1 INTRODUCTORY

   1. 1. Citation, commencement and extent

   2. Interpretation

      1. 2. General interpretation

   3. Application

      1. 3. Application of these Regulations

   4. Exempt Goods

      1. 4. Exempt goods

      2. 5. Exempt goods: goods which are also premises and are occupied as only or principal home

3. PART 2 PROCEDURE FOR TAKING CONTROL OF GOODS

   1. Notice of enforcement prior to taking control of goods

      1. 6. Minimum period of notice

      2. 7. Form and contents of notice

      3. 8. Method of giving notice and who must give it

   2. Taking control of goods

      1. 9. Time limit for taking control of goods

      2. 10. Circumstances in which the enforcement agent may not take control of goods

      3. 11. Circumstances in which the enforcement agent may not take control of goods: highways

      4. 12. Days for taking control of goods

      5. 13. Prohibited hours for taking control

      6. 14. Who may enter into a controlled goods agreement

      7. 15. Controlled goods agreements

   3. Ways of securing goods

      1. 16. Securing goods of the debtor on premises where found

      2. 17. Securing goods of the debtor on a highway or elsewhere

      3. 18. Securing goods of the debtor on a highway and removal: vehicles

      4. 19. Removal and securing goods of the debtor: location

   4. Entry

      1. 20. Mode of entry or re-entry to premises

      2. 21. Days of entry

      3. 22. Hours of entry

      4. 23. Restrictions on entry and re-entry to, and remaining on, premises

      5. 24. Restrictions on repeated entry (with or without warrant) to premises

      6. 25. Minimum period of notice of intention to re-enter premises

      7. 26. Form and contents of notice of re-entry

      8. 27. Method of giving notice of re-entry and who must give it

      9. 28. Issue of warrant authorising enforcement agent to use reasonable force to enter premises

      10. 29. Issue of warrant authorising enforcement agent to use reasonable force in relation to goods on a highway

   5. Notice after entry and taking control of goods

      1. 30. Form and contents of notice after entry, and/or taking control of goods on a highway

      2. 31. Additional notice requirements where goods are immobilised

      3. 32. Additional notice requirements where goods are removed for storage or sale

   6. Inventory

      1. 33. Inventory of goods of which control has been taken: form and contents

   7. Dealing with controlled goods

      1. 34. Care of controlled goods

   8. Valuation

      1. 35. Valuation of controlled goods

4. PART 3 SALE OF CONTROLLED GOODS

   1. 36. Part 3 not to apply to securities

   2. Notice of sale

      1. 37. Minimum period before sale

      2. 38. Minimum period of notice of sale

      3. 39. Form and contents of notice of sale

      4. 40. Method of giving notice of sale

   3. Sale

      1. 41. Methods of sale

      2. 42. Place of sale

      3. 43. Conduct of sale

5. PART 4 SECURITIES OF THE DEBTOR

   1. 44. Part 4 only to apply to securities

   2. 45. Holding of securities

   3. 46. Disposal of securities

6. PART 5 ABANDONMENT OF GOODS

   1. 47. Abandonment of goods other than securities

7. PART 6 THIRD PARTY CLAIMING CONTROLLED GOODS

   1. 48. Application of Part 6

   2. 49. Payments into court by third party: underpayments

8. PART 7 COMMERCIAL RENT ARREARS RECOVERY (CRAR)

   1. General

      1. 50. Part 7 to apply only to CRAR

      2. 51. Authorisation by landlord to another to exercise CRAR on landlord’s behalf

      3. 52. Minimum amount of net unpaid rent for CRAR to become exercisable

   2. Right to rent from sub-tenant

      1. 53. Notice to sub-tenant: when notice takes effect and service

      2. 54. Notice to sub-tenant: form and contents

      3. 55. Notice to sub-tenant: withdrawal of notice

9. Signature

10. Explanatory Note