SCHEDULES

C1C2 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

Holding and disposal of securities

49

I21

The creditor may sue in the name of the debtor, or in the name of any person in whose name the debtor might have sued, for the recovery of any sum secured or made payable by securities, when the time of payment arrives.

I22

Before any proceedings under sub-paragraph (1) are commenced or the securities are otherwise disposed of, the enforcement agent must give notice of the disposal to the debtor and any co-owner.

I1I33

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.

I1I34

The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.

I25

Any notice must be given within the permitted period.

I26

Unless extended the permitted period is 12 months beginning with the time of payment.

I27

Any extension must be by agreement in writing between the creditor and debtor before the end of the period.

I28

They may extend the period more than once.