SCHEDULES

C1C2C3C4 SCHEDULE 12Taking control of goods

Annotations:
Modifications etc. (not altering text)
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

C2Part 2The procedure

Ways of taking control

13

I31

To take control of goods an enforcement agent must do one of the following—

a

secure the goods on the premises on which he finds them;

b

if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

c

remove them and secure them elsewhere;

d

enter into a controlled goods agreement with the debtor.

I32

Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care.

I1I23

Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—

a

determining the time when control is taken;

b

prohibiting use of any of those ways for goods by description or circumstances or both.

I34

A controlled goods agreement is an agreement under which the debtor—

a

is permitted to retain custody of the goods,

b

acknowledges that the enforcement agent is taking control of them, and

c

agrees not to remove or dispose of them, nor to permit anyone else to, before the debt is paid.