The Taking Control of Goods Regulations 2013

Time limit for taking control of goodsE+W

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9.—(1) Subject to paragraphs (2) [F1, (3) and (5)], the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement.

(2) Where—

(a)after giving notice of enforcement the enforcement agent enters into an arrangement with the debtor for the repayment, by the debtor, of the sum outstanding by instalments (a repayment arrangement); and

(b)the debtor breaches the terms of the repayment arrangement,

the period in paragraph (1) begins with the date of the debtor's breach of the repayment arrangement.

(3) The court may order that the period in paragraph (1) be extended by 12 months.

(4) The court may make an order under paragraph (3) only—

(a)on application by the enforcement agent or the creditor;

(b)on one occasion; and

(c)if the court is satisfied that the applicant has reasonable grounds for not taking control of goods of the debtor during the period referred to under paragraph (1).

[F2(5) Where the relevant day falls—

(a)during the emergency period; or

(b)on or after 26th February 2020 but before the beginning of the emergency period,

the period referred to in paragraph (1) begins on the day that is one month after the relevant day.

(6) For the purposes of paragraph (5) the relevant day is the day one F3...month before the expiry of either —

(a)the period referred to in paragraph (1); or

(b)the period referred to in paragraph (1) as extended in accordance with paragraph (3).]

Textual Amendments