SCHEDULES
C1C2C3C4 SCHEDULE 12Taking control of goods
Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3
Sch. 12 applied by S.I. 2013/2605, art. 21K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 8)
Sch. 12 applied by S.I. 2014/1893, art. 34K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 20)
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.
Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)