Tribunals, Courts and Enforcement Act 2007, Paragraph 40 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
40(1)Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner.E+W
(2)Regulations must state—
(a)the minimum period of notice;
(b)the form of the notice;
(c)what it must contain (besides the date, time and place of sale);
(d)how it must be given.
(3)The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.
(4)Any notice must be given within the permitted period.
(5)Unless extended the permitted period is 12 months beginning with the day on which the enforcement agent takes control of the goods.
(6)Any extension must be by agreement in writing between the creditor and debtor before the end of the period.
(7)They may extend the period more than once.
Commencement Information
I1Sch. 12 para. 40(1) (4)-(7) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
I2Sch. 12 para. 40(2)(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xx)
I3Sch. 12 para. 40(2)(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)
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