2020 No. 451
The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020
Made
Laid before Parliament
Coming into force in accordance with regulation 1(1)
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 64, 77(4) and 90 of, and paragraphs 8(1) and (2), 13(3), 14(3), 15(3), 24(1) and 31(2) and (4) of Schedule 12 to, the Tribunals, Courts and Enforcement Act 20071:
Citation, commencement and saving provision1
1
These Regulations may be cited as the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 and come into force on the day following the day on which they are laid.
2
Nothing in these Regulations affects any enforcement action taken prior to the coming into force of these Regulations.
Amendments to the Taking Control of Goods Regulations 20132
1
The Taking Control of Goods Regulations 20132 are amended as follows.
2
In regulation 2 (general interpretation)—
a
before the definition of “the Act” insert—
“the 2020 Regulations” means the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020;
b
after the definition of “disabled person” insert—
“emergency period” means, where the address contained in the notice of enforcement is in England, any time during which a restriction or requirement is in place under regulation 6(1) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 20203 or, where the address contained in the notice of enforcement is in Wales, any time during which a restriction or requirement is in place under regulation 8(1) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 20204;
3
In regulation 9 (time limit for taking control of goods)—
a
in paragraph (1), for “and (3)” substitute “, (3) and (5)”;
b
after paragraph (4), insert—
5
Where the relevant day falls—
a
during the emergency period; or
b
on or after 26th February 2020 but before the beginning of the emergency period,
the period referred to in paragraph (1) begins on the day that is one month after the relevant day.
6
For the purposes of paragraph (5) the relevant day is the day one calendar month before the expiry of either —
a
the period referred to in paragraph (1); or
b
the period referred to in paragraph (1) as extended in accordance with paragraph (3).
4
In regulation 10(1) (circumstances in which the enforcement agent may not take control of goods)—
a
in sub-paragraph (b), after “located” omit “or”; and
b
after sub-paragraph (c), insert—
d
during the emergency period, the goods are located at premises which include a dwelling-house; or
e
during the emergency period, the goods are located on a highway.
5
In regulation 23(2) (restrictions on entry and re-entry to, and remaining on, premises)—
a
in sub-paragraph (a), omit “or”; and
b
after sub-paragraph (b), insert—
; or
c
during the emergency period, the premises do not include a dwelling-house.
6
In regulation 52 (minimum amount of net unpaid rent for CRAR to become exercisable)—
a
at the beginning, insert—
1
Subject to paragraph (2),
b
at the end, insert—
2
Where the notice of enforcement is given after the coming into force of the 2020 Regulations and during the relevant period, the minimum amount of net unpaid rent for the purposes of section 77(3) of the Act is an amount equal to 90 days’ rent.
3
In paragraph (2), “relevant period” has the same meaning as in section 82 of the Coronavirus Act 20205.
Amendments to the Certification of Enforcement Agents Regulations 20143
1
The Certification of Enforcement Agents Regulations 20146 are amended as follows.
2
In regulation 2 (general interpretation), after the definition of “enforcement agent” insert—
“emergency period” means any time during which a requirement or restriction is in place under regulation 6(1) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 or regulation 8(1) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020;
3
In regulation 7 (duration of certificates)—
a
in paragraph (1), for “A” substitute “Subject to paragraph (3), a”;
b
in paragraph (2), for “Every” substitute “Subject to paragraph (3), every”; and
c
after paragraph (2) insert—
3
If the relevant day falls —
a
during the emergency period; or
b
on or after 26th December 2019 but before the beginning of the emergency period,
the certificate will continue to have effect date for a period of 9 months beginning with the relevant day.
4
For the purposes of paragraph (3), the relevant day is the day 3 months before the expiry of the period referred to in paragraph (1).
(This note is not part of the Regulations)