Collection and enforcement E+W+S

35 Enforcement of liability orders by distress. E+W

(1) Where a liability order has been made against a person (“the liable person”), the [F1 Commission] may levy the appropriate amount by distress and sale of the liable person’s goods.

(2) In subsection (1), “the appropriate amount” means the aggregate of—

(a) the amount in respect of which the order was made, to the extent that it remains unpaid; and

(b) an amount, determined in such manner as may be prescribed, in respect of the charges connected with the distress.

(3) The [F2 Commission] may, in exercising [F3 its] powers under subsection (1) against the liable person’s goods, seize—

(a) any of the liable person’s goods except—

(i) such tools, books, vehicles and other items of equipment as are necessary to him for use personally by him in his employment, business or vocation;

(ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying his basic domestic needs; and

(b) any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the liable person.

(4) For the purposes of subsection (3), the liable person’s domestic needs shall be taken to include those of any member of his family with whom he resides.

(5) No person levying a distress under this section shall be taken to be a trespasser—

(a) on that account; or

(b) from the beginning, on account of any subsequent irregularity in levying the distress.

(6) A person sustaining special damage by reason of any irregularity in levying a distress under this section may recover full satisfaction for the damage (and no more) by proceedings in trespass or otherwise.

(7) The Secretary of State may make regulations supplementing the provisions of this section.

(8) The regulations may, in particular—

(a) provide that a distress under this section may be levied anywhere in England and Wales;

(b) provide that such a distress shall not be deemed unlawful on account of any defect or want of form in the liability order;

(c) provide for an appeal to a magistrates’ court by any person aggrieved by the levying of, or an attempt to levy, a distress under this section;

(d) make provision as to the powers of the court on an appeal (which may include provision as to the discharge of goods distrained or the payment of compensation in respect of goods distrained and sold).

Textual Amendments

F1 Word in s. 35(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 38(2); S.I. 2008/2675, art. 3(b)

F2 Word in s. 35(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 38(3)(a); S.I. 2008/2675, art. 3(b)

F3 Word in s. 35(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 38(3)(b); S.I. 2008/2675, art. 3(b)

Modifications etc. (not altering text)

C1 S. 35 applied (with modifications) (5.4.1993) by S.I. 1992/2643, reg.3

C2 Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))

C3 S. 35 modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)

Commencement Information

I1 S. 35 wholly in force; s. 35 not in force at Royal Assent see s. 58(2); s. 35(2)(b)(7)(8) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 35 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2