The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014

Amendment of Local Authorities (Contracting Out of Billing, Collection and Enforcement Functions) Orders

6.—(1) The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996(1) is amended as follows—

(a) in article 1 (Title, commencement and interpretation), after paragraph (2) insert—

“(3) In this Order, “the Schedule 12 procedure” means the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods and selling them to recover a sum of money), and “the amount outstanding” has the meaning given in that Schedule.”

(b) in article 25 (Distress)—

(i) for the heading substitute “Enforcement by taking control of goods”;

(ii) for sub-paragraph (a), substitute—

“(a) of using the Schedule 12 procedure to enforce payment by the debtor of the amount outstanding;”;

(iii) in sub-paragraph (b), for “levying distress” substitute “using the Schedule 12 procedure”; and

(iv) in sub-paragraph (c), for the words from “amount mentioned” to “pursuance of the distress,” substitute “amount outstanding is paid or tendered before control is taken of any goods, or after control has been taken of goods”;

(c) in article 42 (Distress)—

(i) for the heading substitute “Enforcement by taking control of goods”;

(ii) for sub-paragraph (a), substitute—

“(a) of using the Schedule 12 procedure to enforce payment by the debtor of the amount outstanding;”;

(iii) in sub-paragraph (b), for “levying distress” substitute “using the Schedule 12 procedure”; and

(iv) in sub-paragraph (c), for the words from “amount mentioned” to “pursuance of the distress,” substitute “amount outstanding is paid or tendered before control is taken of any goods, or after control has been taken of goods”;

(d) in article 58 (Distress)—

(i) for the heading substitute “Enforcement by taking control of goods”;

(ii) for sub-paragraph (a), substitute—

“(a) of using the Schedule 12 procedure to enforce payment by the debtor of the amount outstanding;”;

(iii) in sub-paragraph (b), for “levying distress” substitute “using the Schedule 12 procedure”; and

(iv) in sub-paragraph (c), for the words from “amount mentioned” to “pursuance of the distress,” substitute “amount outstanding is paid or tendered before control is taken of any goods, or after control has been taken of goods”; and

(e) in article 70 (Enforcement)—

(i) for “distress” where it first occurs, substitute “use of the Schedule 12 procedure”;

(ii) in sub-paragraph (c), for “take steps to levy any amount by distress and sale of the goods of” substitute “use the Schedule 12 procedure against”;

(iii) in sub-paragraph (d), for “levy distress” substitute “use the Schedule 12 procedure”; and

(iv) in sub-paragraph (e), for “which have already been seized” substitute “of which control has already been taken”.

(2) The Local Authorities (Contracting Out of BID Levy Billing, Collection and Enforcement Functions) Order 2005(2) is amended as follows—

(a) in article 1 (Title, commencement and interpretation)—

(i) after the definition of “hereditament”, delete “and”;

(ii) at the end of the definition of “liability order”, for “.” substitute “; and”; and

(iii) after the definition of “liability order”, insert—

““the Schedule 12 procedure” means the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods and selling them to recover a sum of money), and “the amount outstanding” has the meaning given in that Schedule;”;

(b) in article 9 (Distress)—

(i) for the heading substitute “Enforcement by taking control of goods”;

(ii) for sub-paragraph (a), substitute—

“(a) of using the Schedule 12 procedure to enforce payment by the debtor of the amount outstanding;”;

(iii) in sub-paragraph (b), for “levying distress” substitute “using the Schedule 12 procedure”; and

(iv) in sub-paragraph (c), for the words from “amount mentioned” to “pursuance of the distress,” substitute “amount outstanding is paid or tendered before control is taken of any goods, or after control has been taken of goods”; and

(c) in article 17 (Enforcement)—

(i) for “distress” where it first occurs, substitute “use of the Schedule 12 procedure”;

(ii) in sub-paragraph (c), for “take steps to levy any amount by distress and sale of the goods of” substitute “use the Schedule 12 procedure against”; and

(iii) in sub-paragraph (d), for “which have already been seized” substitute “of which control has already been taken”.

(1)

S.I. 1996/1880

(2)

S.I. 2005/215