(This note is not part of the Order)
This Order is the ninth commencement order under the Tribunals, Courts and Enforcement Act 2007 (“the Act”) and brings into force for limited purposes a number of provisions in Part 3 of the Act, which provides for the replacement of various powers of enforcement by way of execution and distraint by a procedure known as taking control of goods, and for the replacement of distress for rent by a power (to be known as commercial rent arrears recovery, or CRAR) to use the taking control of goods procedure. Apart from section 90 (making general provision about regulations made under Part 3 of the Act), which is commenced in its entirety, the provisions in question – sections 62(1) (which provides for Schedule 12 to apply), 64(2), (3) and (4), 73(8), 77(4) and (6), 78(2) and 81(5) and (6), and a number of provisions in Schedule 12 – are in each case brought into force only for the purpose of enabling the power in the provisions to make regulations to be exercised, so that regulations may be made in advance of the commencement of Part 3 of the Act more widely.