- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
30.9.—(1) This rule applies where a defendant’s goods are sold using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and there is a dispute about—
(a)what share of the proceeds of those goods should be paid by the enforcement agent to a co-owner; or
(b)the fees or disbursements sought or recovered by the enforcement agent out of the proceeds.
(2) An enforcement agent, a defendant or a co-owner who wants the court to resolve the dispute must—
(a)apply in writing as soon as practicable after becoming aware of the grounds for doing so;
(b)serve the application on
(i)the court officer,
(ii)each other party to the dispute, and
(iii)any other co-owner; and
(c)pay any fee prescribed.
(3) The application must—
(a)identify the warrant of control;
(b)specify the goods sold, the proceeds, and the fees and disbursements sought or recovered by the enforcement agent;
(c)identify the power that the applicant wants the court to exercise;
(d)specify the persons served with the application;
(e)explain the circumstances of the dispute; and
(f)propose the terms of the order that the applicant wants the court to make.
(4) A person served with an application who wants to make representations to the court must—
(a)serve the representations on—
(i)the court officer,
(ii)the applicant, and
(iii)any other person on whom the application was served;
(b)do so as soon as reasonably practicable and in any event within such period as the court directs; and
(c)in the representations, propose the terms of the order that that person wants the court to make, and explain why.
(5) The court—
(a)must determine an application at a hearing, which must be in private unless the court otherwise directs;
(b)must not determine an application unless each party—
(i)is present, or
(ii)has had a reasonable opportunity to attend.
[Note. See paragraph 50 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007(1), and regulations 15 and 16 of the Taking Control of Goods (Fees) Regulations 2014(2).]
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: