The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020

Amendments to the Taking Control of Goods Regulations 2013

2.—(1) The Taking Control of Goods Regulations 2013(1) are amended as follows.

(2) In regulation 2 (general interpretation)—

(a) before the definition of “the Act” insert—

““the 2020 Regulations” means the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020;”; and

(b) after the definition of “disabled person” insert—

““emergency period” means, where the address contained in the notice of enforcement is in England, any time during which a restriction or requirement is in place under regulation 6(1) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020(2) or, where the address contained in the notice of enforcement is in Wales, any time during which a restriction or requirement is in place under regulation 8(1) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020(3);”.

(3) In regulation 9 (time limit for taking control of goods)—

(a) in paragraph (1), for “and (3)” substitute “, (3) and (5)”;

(b) after paragraph (4), insert—

“(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 calendar 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).”.

(4) In regulation 10(1) (circumstances in which the enforcement agent may not take control of goods)—

(a) in sub-paragraph (b), after “located” omit “or”; and

(b) after sub-paragraph (c), insert—

“(d) during the emergency period, the goods are located at premises which include a dwelling-house; or

(e) during the emergency period, the goods are located on a highway.”.

(5) In regulation 23(2) (restrictions on entry and re-entry to, and remaining on, premises)—

(a) in sub-paragraph (a), omit “or”; and

(b) after sub-paragraph (b), insert—

“; or

(c) during the emergency period, the premises do not include a dwelling-house.”.

(6) In regulation 52 (minimum amount of net unpaid rent for CRAR to become exercisable)—

(a) at the beginning, insert—

“(1) Subject to paragraph (2),”; and

(b) at the end, insert—

“(2) Where the notice of enforcement is given after the coming into force of the 2020 Regulations and during the relevant period, the minimum amount of net unpaid rent for the purposes of section 77(3) of the Act is an amount equal to 90 days’ rent.

(3) In paragraph (2), “relevant period” has the same meaning as in section 82 of the Coronavirus Act 2020(4).”.

(1)

S. I. 2013/1894.

(2)

S.I. 2020/350, as amended by S.I. 2020/447.

(3)

S.I. 2020/353 (W.80), as amended by S.I. 2020/399 (W.88).

(4)

2020 c. 7