The Taking Control of Goods (Fees) Regulations 2014

More than one enforcement power available against the same debtor E+W

11.—(1) This regulation applies for the purpose of calculating the fees and disbursements payable to the enforcement agent in accordance with regulations 4, 8, 9 and 10 in a case where—

(a) the enforcement agent receives instructions to use the procedure under Schedule 12 in relation to the same debtor but in respect of more than one enforcement power; and

(b) those enforcement powers can reasonably be exercised at the same time.

(2) In paragraph (1)(b), “can reasonably be exercised at the same time” means in particular—

(a) taking control of goods in relation to all such enforcement powers on the same occasion; and

(b) selling or disposing of all goods so taken into control on the same occasion,

except where it is impracticable to do so.

(3) The enforcement agent may recover the compliance stage fee in respect of each enforcement power to which the instructions relate.

(4) Where paragraph (1) applies, the fee recoverable in respect of the enforcement stage (or stages) and the sale or disposal stage respectively is to be calculated as follows—

(a) the fixed fee for each stage may be recovered only once regardless of the number of enforcement powers to which the instructions relate;

(b) the amount in relation to which the percentage fee for each stage, if any, is to be calculated is the total amount of the sums to be recovered under all enforcement powers to which paragraph (1) applies.

(5) Where this regulation applies, the enforcement agent must, as far as practicable, minimise the disbursements recoverable from the debtor under these Regulations by dealing with the goods taken into control pursuant to the instructions together and on as few occasions as possible.

Commencement Information

I1 Reg. 11 in force at 6.4.2014, see reg. 1(1)