Tribunals, Courts and Enforcement Act 2007 (c. 15)

SCHEDULES

SCHEDULE 12 E+W Taking control of goods

Modifications etc. (not altering text)

C1 Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)

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

Part 2 E+W The procedure

Abandonment of goods other than securities E+W

52 E+W Paragraphs 53 and 54 apply to controlled goods other than—

(a) securities;

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

Commencement Information

I1 Sch. 12 para. 52 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

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. E+W

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F1 Sch. 12 para. 53(2) omitted (6.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), ss. 25(6), 61(3); S.I. 2014/830, art. 2

Commencement Information

I2 Sch. 12 para. 53(1)(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I3 Sch. 12 para. 53(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxvii)

I4 Sch. 12 para. 53(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

54 (1) If controlled goods are abandoned then, in relation to the enforcement power concerned, the following apply— E+W

(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.

Commencement Information

I5 Sch. 12 para. 54(1)(3) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I6 Sch. 12 para. 54(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxviii)

I7 Sch. 12 para. 54(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)