SCHEDULES

C1C2C3C4 SCHEDULE 12Taking control of goods

Annotations:

C2Part 1Introductory

General interpretation

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In this Schedule—

  • “amount outstanding” is defined in paragraph 50(3);

  • “control” (except in paragraph 5(4)(a)) means control under an enforcement power;

  • controlled goods” means goods taken control of that—

    1. a

      have not been sold or abandoned,

    2. b

      if they have been removed, have not been returned to the debtor (unless subject to a controlled goods agreement), and

    3. c

      if they are goods of another person, have not been returned to that person;

  • controlled goods agreement” has the meaning given by paragraph 13(4);

  • co-owner” in relation to goods of the debtor means a person other than the debtor who has an interest in the goods, but only if the enforcement agent—

    1. a

      knows that the person has an interest in the particular goods, or

    2. b

      would know, if he made reasonable enquiries;

  • “the court”, unless otherwise stated, and subject to rules of court, means—

    1. a

      the High Court, in relation to an enforcement power under a writ of the High Court;

    2. b

      F1the county court, in relation to an enforcement power under a warrant issued by F1the county court;

    3. c

      in any other case, a magistrates' court;

  • “disposal” and related expressions, in relation to securities, are to be read in accordance with paragraph 48(2);

  • exempt goods” means goods that regulations exempt by description or circumstances or both;

  • goods” means property of any description, other than land;

  • interest” means a beneficial interest;

  • money” means money in sterling or another currency;

  • premises” means any place, and in particular includes—

    1. a

      a vehicle, vessel, aircraft or hovercraft;

    2. b

      a tent or movable structure;

  • securities” includes bills of exchange, promissory notes, bonds, specialties and securities for money.

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In this Schedule—

a

references to goods of the debtor or another person are references to goods in which the debtor or that person has an interest, but

b

references to goods of the debtor do not include references to trust property in which either the debtor or a co-owner has an interest not vested in possession.