Part 3Enforcement by taking control of goods
Chapter 1Procedure
63Enforcement agents
1
This section and section 64 apply for the purposes of Schedule 12.
2
An individual may act as an enforcement agent only if one of these applies—
a
he acts under a certificate under section 64;
b
he is exempt;
c
he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.
3
An individual is exempt if he acts in the course of his duty as one of these—
a
a constable;
b
an officer of Revenue and Customs;
c
a person appointed under section 2(1) of the Courts Act 2003 (c. 39) (court officers and staff).
4
An individual is exempt if he acts in the course of his duty as an officer of a government department.
5
For the purposes of an enforcement power conferred by a warrant, an individual is exempt if in relation to the warrant he is a civilian enforcement officer, as defined in section 125A of the Magistrates' Courts Act 1980 (c. 43).
6
A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).
7
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.