SCHEDULES
C1SCHEDULE 12Taking control of goods
Part 1Introductory
General interpretation
3
1
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—
- a
have not been sold or abandoned,
- b
if they have been removed, have not been returned to the debtor (unless subject to a controlled goods agreement), and
- c
if they are goods of another person, have not been returned to that person;
- a
“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—
- a
knows that the person has an interest in the particular goods, or
- b
would know, if he made reasonable enquiries;
- a
“the court”, unless otherwise stated, and subject to rules of court, means—
- a
the High Court, in relation to an enforcement power under a writ of the High Court;
- b
a county court, in relation to an enforcement power under a warrant issued by a county court;
- c
in any other case, a magistrates' court;
- a
“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—
- a
a vehicle, vessel, aircraft or hovercraft;
- b
a tent or movable structure;
- a
“securities” includes bills of exchange, promissory notes, bonds, specialties and securities for money.
2
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.
Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)