SCHEDULE 12Taking control of goods
Part 2The procedure
General powers to use reasonable force
F1 19A
(1)
This paragraph applies if these conditions are met—
(a)
the enforcement agent has power to enter the premises under paragraph 16;
(b)
the enforcement agent has taken control of the goods by entering into a controlled goods agreement with the debtor;
(c)
the debtor has failed to comply with any provision of the controlled goods agreement relating to the payment by the debtor of the debt;
(d)
the debtor has been given notice of the intention of the enforcement agent to enter the premises to inspect the goods or to remove them for storage or sale;
(e)
neither paragraph 18 nor paragraph 19 applies.
(2)
For the purposes of a notice under sub-paragraph (1)(d), regulations must state—
(a)
the minimum period of notice;
(b)
the form of the notice;
(c)
what it must contain;
(d)
how it must be given;
(e)
who must give it.
(3)
The enforcement agent must keep a record of the time when a notice under sub-paragraph (1)(d) is given.
(4)
If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.
(5)
The order may be subject to conditions.