Modifications etc. (not altering text)
C1Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)
C2Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3
31(1)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods on a highway.E+W
(2)The court may not issue a warrant unless it is satisfied that prescribed conditions are met.
(3)The warrant may require any constable to assist the enforcement agent to execute it.
(4)The power to use force is subject to any restriction imposed by or under regulations.
(5)The power to use force does not include power to use force against personsF1....
Textual Amendments
F1Words in Sch. 12 para. 31(5) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 25(5), 61(3); S.I. 2013/1725, art. 2(d)
Commencement Information
I1Sch. 12 para. 31(1)(3)(5) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
I2Sch. 12 para. 31(2)(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xiii)
I3Sch. 12 para. 31(2)(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)
32(1)The enforcement agent may not exercise any power under this Schedule on a highway except within prescribed times of day.E+W
(2)Regulations may give the court power in prescribed circumstances to authorise him to exercise a power at other times.
(3)The authorisation may be subject to conditions.
Commencement Information
I4Sch. 12 para. 32(1)(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xiv)
I5Sch. 12 para. 32(1)(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)
I6Sch. 12 para. 32(3) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
33(1)If the enforcement agent takes control of goods on a highway or enters a vehicle on a highway with the intention of taking control of goods, he must provide a notice for the debtor giving information about what he is doing.E+W
(2)Regulations must state—
(a)the form of the notice;
(b)what information it must give.
(3)If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then.
(4)Otherwise the enforcement agent must deliver the notice to any relevant premises (as defined by paragraph 14) in a sealed envelope addressed to the debtor.
Commencement Information
I7Sch. 12 para. 33(1)(3)(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
I8Sch. 12 para. 33(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xv)
I9Sch. 12 para. 33(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)