Tribunals, Courts and Enforcement Act 2007, Paragraph 41 is up to date with all changes known to be in force on or before 09 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.
41(1)The sale must be by public auction unless the court orders otherwise.E+W
(2)The court may make an order only on an application by the enforcement agent.
(3)Regulations may make provision about the types of sale the court may order.
(4)In an application for an order under sub-paragraph (2) the enforcement agent must state whether he has reason to believe that an enforcement power has become exercisable by another creditor against the debtor or a co-owner.
(5)If the enforcement agent states that he does, the court may not consider the application until notice of it has been given to the other creditor in accordance with regulations (or until the court is satisfied that an enforcement power is not exercisable by the other creditor against the debtor or a co-owner).
Commencement Information
I1Sch. 12 para. 41(1)(2)(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
I2Sch. 12 para. 41(3)(5) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxi)
I3Sch. 12 para. 41(3)(5) 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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