SCHEDULES

C1C2C3C4 SCHEDULE 12Taking control of goods

Annotations:
Modifications etc. (not altering text)
C2

Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3

C2Part 2The procedure

General powers to use reasonable force

C2F1 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.