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Taxes Management Act 1970
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Version Superseded: 01/02/1994
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61 Distraint by collectors. [1952 s.74; 1965 Sch.X 1(1); 1966 Sch.VI 13.]U.K.
(1)If a person neglects or refuses to pay the sum charged, upon demand made by the collector, the collector shall, for non-payment thereof, distrain upon the lands, tenements and premises in respect of which the tax is charged, or distrain the person charged by his goods and chattels, and all such other goods and chattels as the collector is hereby authorised to distrain .
(2)For the purpose of levying any such distress, a collector may, after obtaining a warrant for the purpose signed by the General Commissioners, break open, in the daytime, any house or premises, calling to his assistance any constable.
Every such constable shall, when so required, aid and assist the collector in the execution of the warrant and in levying the distress in the house or premises.
(3)A levy or warrant to break open shall be executed by, or under the direction of, and in the presence of, the collector.
(4)A distress levied by the collector shall be kept for five days, at the costs and charges of a person neglecting or refusing to pay.
(5)If the person aforesaid does not pay the sum due, together with the costs and charges within the said five days, the distress shall be appraised by two or more inhabitants of the parish in which the distress is taken, or by other sufficient persons, and shall be sold by public auction by the collector for payment of the sum due and all costs and charges.
The costs and charges of taking, keeping, and selling the distress shall be retained by the collector, and any overplus coming by the distress, after the deduction of the costs and charges and of the sum due, shall be restored to the owner of the goods distrained. F1
Textual Amendments
F1 See Finance Act 1989 s. 152for changes from a day to be appointed.
Modifications etc. (not altering text)
C1 S. 61 applied (with modifications) by the Oil Taxation Act 1975 (c. 22), s. 1, Sch. 2 para. 1(1)
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