Tribunals, Courts and Enforcement Act 2007

Place of sale E+W

43 (1) Regulations may make provision about the place of sale of controlled goods. E+W

(2) They may prescribe circumstances in which the sale may be held on premises where goods were found by the enforcement agent.

(3) Except where the regulations provide otherwise, the sale may not be held on those premises without the consent of the occupier.

(4) Paragraphs 44 to 46 apply if the sale may be held on those premises.

Commencement Information

I1 Sch. 12 para. 43(1)(2)(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxiii)

I2 Sch. 12 para. 43(1)(2)(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I3 Sch. 12 para. 43(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

44 (1) The enforcement agent and any person permitted by him— E+W

(a) may enter the premises to conduct or attend the sale;

(b) may bring equipment onto the premises for the purposes of the sale.

(2) This paragraph authorises repeated entry to the premises.

(3) If necessary the enforcement agent may use reasonable force to enable the sale to be conducted and any person to enter under this paragraph.

Modifications etc. (not altering text)

C1 Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3

Commencement Information

I4 Sch. 12 para. 44 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

45 (1) The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of— E+W

(a) his identity, and

(b) his authority to enter and hold the sale on the premises.

(2) The request may be made before the enforcement agent enters the premises or while he is there.

Commencement Information

I5 Sch. 12 para. 45 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

46 E+W The enforcement agent must leave the premises as effectively secured as he finds them.

Commencement Information

I6 Sch. 12 para. 46 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)