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Tribunals, Courts and Enforcement Act 2007

Type Public General Act

Publication 2007-07-19

Last updated 2026-03-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) For subsection (1) (appointment and powers of deputy district judges) substitute—

(1) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the county courts, he may appoint a person to be a deputy district judge. (1ZA) A person is qualified for appointment under subsection (1) only if the person— (a) is qualified for appointment as a district judge, or (b) holds, or has held, the office of district judge. (1ZB) The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person— (a) holds the office of district judge, or (b) ceased to hold the office of district judge within two years ending with the date when the appointment takes effect. (1ZC) Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1ZB) applies.

(3) In subsection (1A)(a) (duration of appointment as deputy district judge of person who previously held office as district judge), for “if he has previously held office as a district judge,” substitute “ if subsection (1ZB) applies to the appointment, ”.

(4) After subsection (1A) insert—

(1B) The Lord Chief Justice, after consulting the Lord Chancellor— (a) may assign a deputy district judge appointed under this section to one or more districts; (b) may change an assignment so as to assign the deputy district judge to a different district or districts (or to no district). (1C) A deputy district judge appointed under this section and assigned to a district has, while acting under his assignment, the same powers as if he were a district judge assigned to the district. (1D) Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district to which he is not assigned, but may act in a district to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(5) After subsection (3) insert—

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1ZB) or (1B).

8

In section 9(qualifications for appointment as a district judge, or as a deputy district judge for a county court district)—

(a) omit “, or deputy district judge”, and

(b) in the heading, after “Qualifications” insert “ for appointment as district judge ”.

9

In section 147(1) (interpretation of Act), in the definition of “officer” (which provides that “officer”, in relation to a county court, includes a district judge or deputy district judge of that court), for the words after “means” and before “and any clerk” substitute “ any district judge or deputy district judge assigned to that court ”.

10

(1) This paragraph applies to a person holding office as a deputy district judge under section 8 of the County Courts Act 1984 (c. 28) by virtue of an appointment made before the commencement of paragraph 7 (“the commencement date”).

(2) If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 8(1ZB) of that Act had applied to his appointment (and had been complied with).

(3) If sub-paragraph (2) does not apply, the person is to be treated after the commencement date as appointed under section 8(1) of that Act.

(4) The person is to be treated after the commencement date as assigned under section 8(1B) of that Act to the county court district for which he was appointed.

Judicial Pensions and Retirement Act 1993 (c. 8)

11

The Judicial Pensions and Retirement Act 1993 is amended as follows.

12

In section 26(7) (certain offices for which retirement date is age 75), for paragraph (g) (certain deputy district judges) substitute—

(g) hold office as a deputy district judge if either section 102(1B) of that Act (former district judge appointed as deputy in the High Court) or section 8(1ZB) of the County Courts Act 1984 (former district judge appointed as deputy in the county courts) applied to the appointment;

13

(1) Schedule 5 (“the relevant offices” for the purposes of the retirement provisions) is amended as follows.

(2) In the entry for a deputy district judge appointed under section 102 of the Supreme Court Act 1981, for the words after “except in a case where” substitute “subsection (1B) of that section applied to the appointment of the person in question”.

(3) In the entry for a deputy district judge appointed under section 8 of the County Courts Act 1984, for the words after “except in a case where” substitute “subsection (1ZB) of that section applied to the appointment of the person in question”.

Courts Act 2003 (c. 39)

14

In section 64(2) of the Courts Act 2003 (power to alter listed judicial titles), in the entry for a deputy district judge for a county court district, for “for a county court district” substitute “ appointed under section 8 of the County Courts Act 1984 ”.

Constitutional Reform Act 2005 (c. 4)

15

In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (certain offices to which appointments are made by the Lord Chancellor)—

(a) in the entry for a deputy district judge in a district registry of the High Court, omit “in a district registry of the High Court”, and

(b) in the entry for a deputy district judge for a county court district, omit “for a county court district”.

SCHEDULE 12

Part 1 — Introductory

The procedure

1

(1) Using the procedure in this Schedule to recover a sum means taking control of goods and selling them to recover that sum in accordance with this Schedule and regulations under it.

(2) In this Schedule a power to use the procedure to recover a particular sum is called an “enforcement power”.

(3) The following apply in relation to an enforcement power.

(4) “Debt” means the sum recoverable.

(5) “Debtor” means the person liable to pay the debt or, if two or more persons are jointly or jointly and severally liable, any one or more of them.

(6) “Creditor” means the person for whom the debt is recoverable.

Enforcement agents

2

(1) In this Schedule “enforcement agent” means an individual authorised by section 63(2) to act as an enforcement agent.

(2) Only an enforcement agent may take control of goods and sell them under an enforcement power.

(3) An enforcement agent, if he is not the person on whom an enforcement power is conferred, may act under the power only if authorised by that person.

(4) In relation to goods taken control of by an enforcement agent under an enforcement power, references to the enforcement agent are references to any person for the time being acting as an enforcement agent under the power.

General interpretation

3

(1) In this Schedule—

“amount outstanding” is defined in paragraph 50(3);

“control” (except in paragraph 5(4)(a)) means control under an enforcement power;

“controlled goods” means goods taken control of that—have not been sold or abandoned,if they have been removed, have not been returned to the debtor (unless subject to a controlled goods agreement), andif they are goods of another person, have not been returned to that person;

“controlled goods agreement” has the meaning given by paragraph 13(4);

“co-owner” in relation to goods of the debtor means a person other than the debtor who has an interest in the goods, but only if the enforcement agent—knows that the person has an interest in the particular goods, orwould know, if he made reasonable enquiries;

“the court”, unless otherwise stated, and subject to rules of court, means—the High Court, in relation to an enforcement power under a writ of the High Court;the county court, in relation to an enforcement power under a warrant issued by the county court;in any other case, a magistrates' court;

“disposal” and related expressions, in relation to securities, are to be read in accordance with paragraph 48(2);

“exempt goods” means goods that regulations exempt by description or circumstances or both;

“goods” means property of any description, other than land;

“interest” means a beneficial interest;

“money” means money in sterling or another currency;

“premises” means any place, and in particular includes—a vehicle, vessel, aircraft or hovercraft;a tent or movable structure;

“securities” includes bills of exchange, promissory notes, bonds, specialties and securities for money.

(2) In this Schedule—

(a) references to goods of the debtor or another person are references to goods in which the debtor or that person has an interest, but

(b) references to goods of the debtor do not include references to trust property in which either the debtor or a co-owner has an interest not vested in possession.

Part 2 — The procedure

Binding property in the debtor’s goods

4

(1) For the purposes of any enforcement power, the property in all goods of the debtor, except goods that are exempt goods for the purposes of this Schedule or are protected under any other enactment, becomes bound in accordance with this paragraph.

(2) Where the power is conferred by a writ issued from the High Court the writ binds the property in the goods from the time when it is received by the person who is under a duty to endorse it.

(3) Where the power is conferred by a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, the warrant binds the property in the goods from the time when it is received by the person who is under a duty to endorse it under that section.

(4) Where sub-paragraphs (2) and (3) do not apply but notice is given to the debtor under paragraph 7(1), the notice binds the property in the goods from the time when the notice is given.

Effect of property in goods being bound

5

(1) An assignment or transfer of any interest of the debtor's in goods while the property in them is bound for the purposes of an enforcement power—

(a) is subject to that power, and

(b) does not affect the operation of this Schedule in relation to the goods, except as provided by paragraph 61 (application to assignee or transferee).

(2) Sub-paragraph (1) does not prejudice the title to any of the debtor's goods that a person acquires—

(a) in good faith,

(b) for valuable consideration, and

(3) For the purposes of sub-paragraph (2)(a), a thing is to be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).

(4) In sub-paragraph (2)(c) “notice” means—

(a) where the property in the goods is bound by a writ or warrant, notice that the writ or warrant, or any other writ or warrant by virtue of which the goods of the debtor might be seized or otherwise taken control of, had been received by the person who was under a duty to endorse it and that goods remained bound under it;

(b) where the property in the goods is bound by notice under paragraph 7(1), notice that that notice had been given and that goods remained bound under it.

(5) In sub-paragraph (4)(a) “endorse” in relation to a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, means endorse under that section.

Time when property ceases to be bound

6

(1) For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

(2) The property in any goods ceases to be bound—

(a) when the goods are sold;

(b) in the case of money used to pay any of the amount outstanding, when it is used.

(3) The property in all goods ceases to be bound when any of these happens—

(a) the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b) the instrument under which the power is exercisable ceases to have effect;

Notice of enforcement

7

(1) An enforcement agent may not take control of goods unless the debtor has been given notice.

(2) Regulations must state—

(a) the minimum period of notice;

(b) the form of the notice;

(d) how it must be given;

(e) who must give it.

(3) The enforcement agent must keep a record of the time when the notice is given.

(4) If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

(5) The order may be subject to conditions.

Time limit for taking control

8

(1) An enforcement agent may not take control of goods after the prescribed period.

(2) The period may be prescribed by reference to the date of notice of enforcement or of any writ or warrant conferring the enforcement power or any other date.

(3) Regulations may provide for the period to be extended or further extended by the court in accordance with the regulations.

Goods which may be taken

9

An enforcement agent may take control of goods only if they are—

(a) on premises that he has power to enter under this Schedule, or

(b) on a highway.

10

An enforcement agent may take control of goods only if they are goods of the debtor.

11

(1) Subject to paragraphs 9 and 10 and to any other enactment under which goods are protected, an enforcement agent—

(a) may take control of goods anywhere in England and Wales;

(b) may take control of any goods that are not exempt.

(2) Regulations may authorise him to take control of exempt goods in prescribed circumstances, if he provides the debtor with replacements in accordance with the regulations.

Value of goods taken

12

(1) Unless sub-paragraph (2) applies, an enforcement agent may not take control of goods whose aggregate value is more than—

(a) the amount outstanding, and

(b) an amount in respect of future costs, calculated in accordance with regulations.

(2) An enforcement agent may take control of goods of higher value on premises or on a highway, only to the extent necessary, if there are not enough goods of a lower value within a reasonable distance—

(a) on a highway, or

(b) on premises that he has power to enter under this Schedule, either under paragraph 14 or under an existing warrant.

(3) For the purposes of this paragraph goods are above a given value only if it is or ought to be clear to the enforcement agent that they are.

(4) Sub-paragraph (1) does not affect the power to keep control of goods if they rise in value once they have been taken.

Ways of taking control

13

(1) To take control of goods an enforcement agent must do one of the following—

(a) secure the goods on the premises on which he finds them;

(b) if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(d) enter into a controlled goods agreement with the debtor.

(2) Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care.

(3) Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—

(a) determining the time when control is taken;

(b) prohibiting use of any of those ways for goods by description or circumstances or both.

(4) A controlled goods agreement is an agreement under which the debtor—

(a) is permitted to retain custody of the goods,

(b) acknowledges that the enforcement agent is taking control of them, and

Entry without warrant

14

(1) An enforcement agent may enter relevant premises to search for and take control of goods.

(2) Where there are different relevant premises this paragraph authorises entry to each of them.

(3) This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.

(4) If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a) usually lives, or

(b) carries on a trade or business.

Entry under warrant

15

(1) If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.

(2) Before issuing the warrant the court must be satisfied that all these conditions are met—

(a) an enforcement power has become exercisable;

(b) there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;

(3) The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.

Re-entry

16

(1) This paragraph applies where goods on any premises have been taken control of and have not been removed by the enforcement agent.

(2) The enforcement agent may enter the premises to inspect the goods or to remove them for storage or sale.

(3) This paragraph authorises repeated entry to the same premises.

General powers to use reasonable force

17

Where paragraph 18 , 18A, 19 or 19A applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised.

18

This paragraph applies if these conditions are met—

(a) the enforcement agent has power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15;

(b) he is acting under an enforcement power conferred by a warrant of control under section 76(1) of the Magistrates' Courts Act 1980 (c. 43) for the recovery of a sum adjudged to be paid by a conviction;

(c) he is entitled to execute the warrant by virtue of section 125A (civilian enforcement officers) or 125B (approved enforcement agencies) of that Act.

19

(1) This paragraph applies if these conditions are met—

(a) the enforcement agent has power to enter the premises under paragraph 16;

(b) he reasonably believes that the debtor carries on a trade or business on the premises;

(2) The enforcement powers are those under any of the following—

(a) a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

(b) section 127 of the Finance Act 2008.

Application for power to use reasonable force

20

(1) This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.

(2) If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

21

(1) This paragraph applies if an enforcement agent is applying for power to enter premises under a warrant under paragraph 15.

(2) If the enforcement agent applies to the court it may include in the warrant provision authorising him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

22

(1) The court may not issue a warrant under paragraph 20 or include provision under paragraph 21 unless it is satisfied that prescribed conditions are met.

(2) A warrant under paragraph 20 or provision included under paragraph 21 may require any constable to assist the enforcement agent to execute the warrant.

Other provisions about powers of entry

23

Paragraphs 24 to 30 apply where an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.

24

(1) The power to enter and any power to use force are subject to any restriction imposed by or under regulations.

(2) A power to use force does not include power to use force against persons....

25

(1) The enforcement agent may enter and remain on the premises only within prescribed times of day.

(2) Regulations may give the court power in prescribed circumstances to authorise him to enter or remain on the premises at other times.

(3) The authorisation—

(a) may be by order or in a warrant under paragraph 15;

(b) may be subject to conditions.

26

(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—

(a) his identity, and

(b) his authority to enter the premises.

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

27

(1) The enforcement agent may take other people onto the premises.

(2) They may assist him in exercising any power, including a power to use force.

(3) They must not remain on the premises without the enforcement agent.

(4) The enforcement agent may take any equipment onto the premises.

(5) He may leave equipment on the premises if he leaves controlled goods there.

28

(1) After entering the premises the enforcement agent must provide a notice for the debtor giving information about what the enforcement agent is doing.

(2) Regulations must state—

(a) the form of the notice;

(b) what information it must give.

(3) Regulations may prescribe circumstances in which a notice need not be provided after re-entry to premises.

(4) If the debtor is on the premises when the enforcement agent is there, the enforcement agent must give him the notice then.

(5) If the debtor is not there, the enforcement agent must leave the notice in a conspicuous place on the premises.

(6) If the enforcement agent knows that there is someone else there or that there are other occupiers, a notice he leaves under sub-paragraph (5) must be in a sealed envelope addressed to the debtor.

29

If the premises are occupied by any person apart from the debtor, the enforcement agent must leave at the premises a list of any goods he takes away.

30

The enforcement agent must leave the premises as effectively secured as he finds them.

Goods on a highway

31

(1) If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods on a highway.

(2) The court may not issue a warrant unless it is satisfied that prescribed conditions are met.

(3) The warrant may require any constable to assist the enforcement agent to execute it.

(4) The power to use force is subject to any restriction imposed by or under regulations.

(5) The power to use force does not include power to use force against persons....

32

(1) The enforcement agent may not exercise any power under this Schedule on a highway except within prescribed times of day.

(2) Regulations may give the court power in prescribed circumstances to authorise him to exercise a power at other times.

(3) The authorisation may be subject to conditions.

33

(1) If the enforcement agent takes control of goods on a highway or enters a vehicle on a highway with the intention of taking control of goods, he must provide a notice for the debtor giving information about what he is doing.

(2) Regulations must state—

(a) the form of the notice;

(b) what information it must give.

(3) If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then.

(4) Otherwise the enforcement agent must deliver the notice to any relevant premises (as defined by paragraph 14) in a sealed envelope addressed to the debtor.

Inventory

34

(1) If an enforcement agent takes control of goods he must provide the debtor with an inventory of them as soon as reasonably practicable.

(2) But if there are co-owners of any of the goods, the enforcement agent must instead provide the debtor as soon as reasonably practicable with separate inventories of goods owned by the debtor and each co-owner and an inventory of the goods without a co-owner.

(3) The enforcement agent must as soon as reasonably practicable provide the co-owner of any of the goods with—

(a) the inventory of those goods, and

(b) a copy of the notice under paragraph 28.

(4) Regulations must state—

(a) the form of an inventory, and

(b) what it must contain.

Care of goods removed

35

(1) An enforcement agent must take reasonable care of controlled goods that he removes from the premises or highway where he finds them.

(2) He must comply with any provision of regulations about their care while they remain controlled goods.

Valuation

36

(1) Before the end of the minimum period, the enforcement agent must—

(a) make or obtain a valuation of the controlled goods in accordance with regulations;

(b) give the debtor, and separately any co-owner, an opportunity to obtain an independent valuation of the goods.

(2) In this paragraph “minimum period” means the period specified by regulations under—

(a) paragraph 49, in the case of securities;

(b) paragraph 39, in any other case.

Best price

37

(1) An enforcement agent must sell or dispose of controlled goods for the best price that can reasonably be obtained in accordance with this Schedule.

(2) That does not apply to money that can be used for paying any of the outstanding amount, unless the best price is more than its value if used in that way.

Sale

38

Paragraphs 39 to 42 apply to the sale of controlled goods, except where—

(a) the controlled goods are securities, or

(b) the sale is by exchange of one currency for another.

39

(1) The sale must not be before the end of the minimum period except with the agreement of the debtor and any co-owner.

(2) Regulations must specify the minimum period.

40

(1) Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner.

(2) Regulations must state—

(a) the minimum period of notice;

(b) the form of the notice;

(d) how it must be given.

(3) The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.

(4) Any notice must be given within the permitted period.

(5) Unless extended the permitted period is 12 months beginning with the day on which the enforcement agent takes control of the goods.

(6) Any extension must be by agreement in writing between the creditor and debtor before the end of the period.

(7) They may extend the period more than once.

41

(1) The sale must be by public auction unless the court orders otherwise.

(2) The court may make an order only on an application by the enforcement agent.

(3) Regulations may make provision about the types of sale the court may order.

(4) In an application for an order under sub-paragraph (2) the enforcement agent must state whether he has reason to believe that an enforcement power has become exercisable by another creditor against the debtor or a co-owner.

(5) If the enforcement agent states that he does, the court may not consider the application until notice of it has been given to the other creditor in accordance with regulations (or until the court is satisfied that an enforcement power is not exercisable by the other creditor against the debtor or a co-owner).

42

Regulations may make further provision about the sale of controlled goods, including in particular—

(a) requirements for advertising;

(b) provision about the conduct of a sale.

Place of sale

43

(1) Regulations may make provision about the place of sale of controlled goods.

(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.

44

(1) The enforcement agent and any person permitted by him—

(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.

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—

(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.

46

The enforcement agent must leave the premises as effectively secured as he finds them.

Holding and disposal of securities

47

Paragraphs 48 and 49 apply to securities as controlled goods.

48

(1) Regulations may make provision about how securities are to be held and disposed of.

(2) In this Schedule, references to disposal include, in relation to securities, realising the sums secured or made payable by them, suing for the recovery of those sums or assigning the right to sue for their recovery.

(3) Regulations may in particular make provision for purposes corresponding to those for which provision is made in this Schedule in relation to the disposal of other controlled goods.

(4) The power to make regulations under this paragraph is subject to paragraph 49.

49

(1) The creditor may sue in the name of the debtor, or in the name of any person in whose name the debtor might have sued, for the recovery of any sum secured or made payable by securities, when the time of payment arrives.

(2) Before any proceedings under sub-paragraph (1) are commenced or the securities are otherwise disposed of, the enforcement agent must give notice of the disposal to the debtor and any co-owner.

(3) Regulations must state—

(a) the minimum period of notice;

(b) the form of the notice;

(d) how it must be given.

(4) The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.

(5) Any notice must be given within the permitted period.

(6) Unless extended the permitted period is 12 months beginning with the time of payment.

(7) Any extension must be by agreement in writing between the creditor and debtor before the end of the period.

(8) They may extend the period more than once.

Application of proceeds

50

(1) Proceeds from the exercise of an enforcement power must be used to pay the amount outstanding.

(2) Proceeds are any of these—

(a) proceeds of sale or disposal of controlled goods;

(b) money taken in exercise of the power, if paragraph 37(1) does not apply to it.

(3) The amount outstanding is the sum of these—

(a) the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b) any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

(4) If the proceeds are less than the amount outstanding, which amounts in sub-paragraph (3)(a) and (b) must be paid, and how much of any amount, is to be determined in accordance with regulations.

(5) If the proceeds are more than the amount outstanding, the surplus must be paid to the debtor.

(6) If there is a co-owner of any of the goods, the enforcement agent must—

(a) first pay the co-owner a share of the proceeds of those goods proportionate to his interest;

(b) then deal with the rest of the proceeds under sub-paragraphs (1) to (5).

(7) Regulations may make provision for resolving disputes about what share is due under sub-paragraph (6)(a).

Passing of title

51

(1) A purchaser of controlled goods acquires good title, with two exceptions.

(2) The exceptions apply only if the goods are not the debtor's at the time of sale.

(3) The first exception is where the purchaser, the creditor, the enforcement agent or a related party has notice that the goods are not the debtor's.

(4) The second exception is where a lawful claimant has already made an application to the court claiming an interest in the goods.

(5) A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.

(6) A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent.

(7) “The court” has the same meaning as in paragraph 60.

Abandonment of goods other than securities

52

Paragraphs 53 and 54 apply to controlled goods other than—

(a) securities;

(b) money to which paragraph 37(1) does not apply.

53

(1) Controlled goods are abandoned if the enforcement agent does not give the debtor or any co-owner notice under paragraph 40 (notice of sale) within the permitted period.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations may prescribe other circumstances in which controlled goods are abandoned.

54

(1) If controlled goods are abandoned then, in relation to the enforcement power concerned, the following apply—

(a) the enforcement power ceases to be exercisable;

(b) as soon as reasonably practicable the enforcement agent must make the goods available for collection by the debtor, if he removed them from where he found them.

(2) Regulations may make further provision about arrangements under sub-paragraph (1)(b), including in particular provision about the disposal of goods uncollected after a prescribed period.

(3) Where the enforcement power was under a writ or warrant, sub-paragraph (1) does not affect any power to issue another writ or warrant.

Abandonment of securities

55

Paragraphs 56 and 57 apply to securities as controlled goods.

56

(1) Securities are abandoned if the enforcement agent does not give the debtor or any co-owner notice under paragraph 49 (notice of disposal) within the permitted period.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations may prescribe other circumstances in which securities are abandoned.

57

(1) If securities are abandoned then, in relation to the enforcement power concerned, the following apply—

(a) the enforcement power ceases to be exercisable;

(b) as soon as reasonably practicable the enforcement agent must make the securities available for collection by the debtor, if he removed them from where he found them.

(2) Where the enforcement power was under a writ or warrant, sub-paragraph (1) does not affect any power to issue another writ or warrant.

Payment of amount outstanding

58

(1) This paragraph applies where the debtor pays the amount outstanding in full—

(a) after the enforcement agent has taken control of goods, and

(b) before they are sold or abandoned.

(2) If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3) No further step may be taken under the enforcement power concerned.

(4) For the purposes of this paragraph the amount outstanding is reduced by the value of any controlled goods consisting of money required to be used to pay that amount, and sub-paragraph (2) does not apply to that money.

59

(1) This paragraph applies if a further step is taken despite paragraph 58(3).

(2) The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

(3) Sub-paragraph (2) applies to a related party as to the enforcement agent.

(4) If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

(5) A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.

(6) Sub-paragraphs (2) to (4) do not affect any right of the debtor or a co-owner to a remedy against any person other than the enforcement agent or a related party.

(7) In this paragraph, “related party” has the meaning given by paragraph 65(4).

Third party claiming goods

60

(1) This paragraph applies where a person makes an application to the court claiming that goods taken control of are his and not the debtor's.

(2) After receiving notice of the application the enforcement agent must not sell the goods, or dispose of them (in the case of securities), unless directed by the court under this paragraph.

(3) The court may direct the enforcement agent to sell or dispose of the goods if the applicant fails to make, or to continue to make, the required payments into court.

(4) The required payments are—

(a) payment on making the application (subject to sub-paragraph (5)) of an amount equal to the value of the goods, or to a proportion of it directed by the court;

(b) payment, at prescribed times (on making the application or later), of any amounts prescribed in respect of the enforcement agent's costs of retaining the goods.

(5) If the applicant makes a payment under sub-paragraph (4)(a) but the enforcement agent disputes the value of the goods, any underpayment is to be—

(a) determined by reference to an independent valuation carried out in accordance with regulations, and

(b) paid at the prescribed time.

(6) If sub-paragraph (3) does not apply the court may still direct the enforcement agent to sell or dispose of the goods before the court determines the applicant's claim, if it considers it appropriate.

(7) If the court makes a direction under sub-paragraph (3) or (6)—

(a) paragraphs 38 to 49, and regulations under them, apply subject to any modification directed by the court;

(b) the enforcement agent must pay the proceeds of sale or disposal into court.

(8) In this paragraph “the court”, subject to rules of court, means—

(a) the High Court, in relation to an enforcement power under a writ of the High Court;

(b) the county court, in relation to an enforcement power under a warrant issued by the county court;

Application to assignee or transferee

61

(1) This Schedule applies as follows where an interest of the debtor's in goods is assigned or transferred while the property in the goods is bound for the purposes of an enforcement power, and the enforcement agent—

(a) knows that the assignee or transferee has an interest in the particular goods, or

(b) would know, if he made reasonable enquiries.

(2) These apply as if the assignee or transferee were a co-owner of the goods with the debtor—

(a) paragraph 34 (inventory);

(b) paragraph 36 (valuation);

(d) paragraph 59(6) (remedies after payment of amount outstanding).

(3) If the interest of the assignee or transferee was acquired in good faith, for valuable consideration and without notice, paragraph 50(6) applies as if “co-owner” included the assignee or transferee.

(4) If the interest of the assignee or transferee was not acquired in good faith, for valuable consideration and without notice, the enforcement agent must pay any surplus under paragraph 50(5) to the assignee or transferee and to the debtor (if he retains an interest).

(5) If the surplus is payable to two or more persons it must be paid in shares proportionate to their interests.

(6) Paragraph 5(3) and (4) (“good faith” and “notice”) apply for the purposes of this paragraph.

Costs

62

(1) Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services.

(2) The regulations may provide for recovery to be out of proceeds or otherwise.

(3) The amount recoverable under the regulations in any case is to be determined by or under the regulations.

(4) The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court.

(5) “Enforcement-related services” means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.

Limitation of liability for sale or payment of proceeds

63

(1) Any liability of an enforcement agent or related party to a lawful claimant for the sale of controlled goods is excluded except in two cases.

(2) The first exception is where at the time of the sale the enforcement agent had notice that the goods were not the debtor's, or not his alone.

(3) The second exception is where before sale the lawful claimant had made an application to the court claiming an interest in the goods.

(4) A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.

64

(1) Any liability of an enforcement agent or related party to a lawful claimant for paying over proceeds is excluded except in two cases.

(2) The first exception is where at the time of the payment he had notice that the goods were not the debtor's, or not his alone.

(3) The second exception is where before that time the lawful claimant had made an application to the court claiming an interest in the goods.

(4) A lawful claimant in relation to goods is a person who has an interest in them at the time of sale.

65

(1) Paragraphs 63 and 64—

(a) do not affect the liability of a person other than the enforcement agent or a related party;

(b) do not apply to the creditor if he is the enforcement agent.

(2) The following apply for the purposes of those paragraphs.

(3) The enforcement agent or a related party has notice of something if he would have found it out if he had made reasonable enquiries.

(4) A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent.

(5) “The court” has the same meaning as in paragraph 60.

Remedies available to the debtor

66

(1) This paragraph applies where an enforcement agent—

(a) breaches a provision of this Schedule, or

(b) acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2) The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3) But the debtor may bring proceedings under this paragraph.

(4) Subject to rules of court, the proceedings may be brought—

(a) in the High Court, in relation to an enforcement power under a writ of the High Court;

(b) in the county court, in relation to an enforcement power under a warrant issued by the county court;

(5) In the proceedings the court may—

(a) order goods to be returned to the debtor;

(b) order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6) A related party is either of the following (if different from the enforcement agent)—

(a) the person on whom the enforcement power is conferred,

(b) the creditor.

(7) Sub-paragraph (5) is without prejudice to any other powers of the court.

(8) Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a) that he was not breaching a provision of this Schedule, or

(b) (as the case may be) that the instrument was not defective.

(9) This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).

Remedies available to the creditor

67

If a debtor wrongfully interferes with controlled goods and the creditor suffers loss as a result, the creditor may bring a claim against the debtor in respect of the loss.

Offences

68

(1) A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.

(2) A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse.

(3) A person guilty of an offence under this paragraph is liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks, or

(b) a fine not exceeding level 4 on the standard scale, or

(4) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in sub-paragraph (3)(a) to 51 weeks is to be read as a reference to 6 months.

Relation to insolvency provisions

69

This Schedule is subject to sections 183, 184 and 346 of the Insolvency Act 1986 (c. 45).

SCHEDULE 13

Inclosure Act 1773 (c. 81)

1

The Inclosure Act 1773 is amended as follows.

2

(1) Section 4 (expenses how to be defrayed) is amended as follows.

(2) For “levied by distress and sale of the goods and chattels of” substitute “ recovered, by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), from ”.

(3) Omit the words from “rendering” to the end.

3

(1) Section 16 (assessments to be levied for the improving of wastes where there are stinted commons) is amended as follows.

(2) For “levied by distress and sale of the goods and chattels of” substitute “ recovered, by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), from ”.

(3) Omit the words from “rendering” to the end.

Oaths Act 1775 (c. 39)

4

In the Oaths Act 1775 (justices to administer oaths for levying penalties etc.) at the end insert— “ In this Act references to making a distress include references to using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover a sum. ”

Sale of Farming Stock Act 1816 (c. 50)

5

The Sale of Farming Stock Act 1816 ceases to have effect.

Judgments Act 1838 (c. 110)

6

In the Judgments Act 1838 omit section 12 (sheriff may seize money, banknotes, etc.).

Lands Clauses Consolidation Act 1845 (c. 18)

7

(1) In section 91 of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands) for “levied by distress” substitute “ recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), ”.

(2) This paragraph extends only to England and Wales.

Inclosure Act 1845 (c. 118)

8

The Inclosure Act 1845 is amended as follows.

9

In section 151 (recovery of share of expenses) for “levied by distress” substitute “ recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods). ”

10

In section 159 (recovery of penalties and forfeitures) for the words from “to levy” to the end substitute “ to recover such penalties and forfeitures by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods). ”

Railways Clauses Act 1863 (c. 92)

11

The Railways Clauses Act 1863 is amended as follows.

12

In section 33 (recovery of money by distress) at the end insert—

In this section as it applies in England and Wales— (a) for “levied by distress” substitute “ recovered using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”; (b) for “warrant of distress” substitute “ warrant of control ”.

13

In section 34 (several names in one warrant) at the end insert—

In this section as it applies in England and Wales for “warrant of distress” substitute warrant of control .

Summary Jurisdiction (Process) Act 1881 (c. 24)

14

The Summary Jurisdiction (Process) Act 1881 is amended as follows.

15

In section 5 (provision as to execution of process) after “warrant of distress” in the first place insert “ or warrant of control ”.

16

In section 8 (definitions) after “warrant of distress,” insert “ any warrant of control, ”.

Bills of Sale Act (1878) Amendment Act 1882 (c. 43)

17

The Bills of Sale Act (1878) Amendment Act 1882 is amended as follows.

18

In section 7 (bill of sale with power to seize except in certain events to be void), in paragraph (2) after “distrained” insert “ , or taken control of using the power in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, ”.

19

In section 14 (bill of sale not to protect chattels against poor and parochial rates), after “warrant” insert “ , or subject to a warrant of control, ”.

Sheriffs Act 1887 (c. 55)

20

In section 20 of the Sheriffs Act 1887 (fees and poundage), after subsection (2) insert—

(2A) Subsection (2) does not apply to the execution of process under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods).

Deeds of Arrangement Act 1914 (c. 47)

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

22

(1) Section 6 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (mode of enforcing orders) is amended as follows.

(2) In subsection (3), after “distress” insert “ , control ”.

(3) After subsection (3) insert—

(4) For the purposes of its execution under subsection (3) in England and Wales, a warrant of distress has effect as a warrant of control. (5) For the purposes of its execution under subsection (3) elsewhere than in England and Wales, a warrant of control has effect as a warrant of distress.

Agricultural Credits Act 1928 (c. 43)

23

In section 8 of the Agricultural Credits Act 1928 (supplemental provisions about agricultural charges), in subsection (7) after “distress for” insert “ , or the exercise of a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover, ”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

24

In section 2 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (general restrictions on execution and other remedies), in subsection (2)(a) after “the levying of distress;” insert— “ using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); ”.

Agriculture (Miscellaneous Provisions) Act 1954 (c. 39)

25

In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954 (power of Agricultural Land Tribunal to award costs), in subsection (3) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Criminal Justice Act 1961 (c. 39)

26

In section 39 of the Criminal Justice Act 1961 (interpretation) after subsection (1) insert—

(1ZA) In the definition of “default” in subsection (1) the reference to want of sufficient distress to satisfy a fine or other sum includes a reference to circumstances where— (a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine or other sum from a person, but (b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

Compulsory Purchase Act 1965 (c. 56)

27

The Compulsory Purchase Act 1965 is amended as follows.

28

(1) Section 13 (refusal to give possession to acquiring authority) is amended as follows.

(2) In subsection (4) for “levied by distress” substitute “ recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”.

(3) Omit subsection (5).

29

Omit section 29 (irregularities in proceedings under the Act).

Criminal Justice Act 1967 (c. 80)

30

In section 104 of the Criminal Justice Act 1967 (general provisions as to interpretation) after subsection (1) insert—

(1A) In the definition of “sentence of imprisonment” in subsection (1) the reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where— (a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but (b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

Sea Fisheries Act 1968 (c. 77)

31

In section 12 of the Sea Fisheries Act 1968 (recovery of fines imposed on master etc. or crew), in subsection (3)—

(a) for “warrants of distress)” substitute “ warrants), as they apply to warrants of the kinds mentioned there, ”;

(b) omit the words from “as they apply” to the end.

Taxes Management Act 1970 (c. 9)

32

The Taxes Management Act 1970 is amended as follows.

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

In section 62 (priority of claim for tax) at the end insert—

(4) This section does not extend to England and Wales.

Administration of Justice Act 1970 (c. 31)

35

In section 41 of the Administration of Justice Act 1970 (recovery of costs and compensation awarded by magistrates etc.) in subsection (3) for “writ of fieri facias” substitute “ writ of control ”.

Attachment of Earnings Act 1971 (c. 32)

36

In section 3 of the Attachment of Earnings Act 1971 (application for order and conditions of court's power to make it), in subsection (4)(b), for “distress” substitute “ taking control of goods ”.

Criminal Justice Act 1972 (c. 71)

37

In section 66 of the Criminal Justice Act 1972 (interpretation etc.) omit subsection (2).

Rehabilitation of Offenders Act 1974 (c. 53)

38

In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions) after subsection (3) insert—

(3A) In subsection (3)(a), the reference to want of sufficient distress to satisfy a fine or other sum includes a reference to circumstances where— (a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine or other sum from a person, but (b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

Patents Act 1977 (c. 37)

39

The Patents Act 1977 is amended as follows.

40

In section 41 (amount of compensation of employees), in subsection (9) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

41

In section 61 (proceedings for infringement of patent), in subsection (7)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

42

In section 93 (enforcement of orders for costs), in paragraph (a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

43

In section 107 (costs and expenses in proceedings before the comptroller), in subsection (2) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Customs and Excise Management Act 1979 (c. 2)

44

In section 149 of the Customs and Excise Management Act 1979 (non-payment of penalties etc: maximum terms of imprisonment) after subsection (1) insert—

(1A) In subsection (1)(b) as it applies to a magistrates' court in England or Wales the reference to default of sufficient distress to satisfy the amount of the penalty is a reference to want of sufficient goods to satisfy the amount, within the meaning given by section 79(4) of the Magistrates' Courts Act 1980.

Magistrates' Courts Act 1980 (c. 43)

45

The Magistrates' Courts Act 1980 is amended as follows.

46

(1) Section 76 (enforcement of sums adjudged to be paid) is amended as follows.

(2) In subsection (1) for “issue a warrant of distress for the purpose of levying the sum” substitute “ issue a warrant of control for the purpose of recovering the sum ”.

(3) In subsection (2)(a)—

(a) for “warrant of distress” substitute “ warrant of control ”;

(b) for “satisfy the sum with the costs and charges of levying the sum” substitute “ pay the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 ”.

(4) In subsection (2)(b) for “warrant of distress” substitute “ warrant of control ”.

47

In section 77 (postponement of issue of warrant), in subsection (1) for “warrant of distress” substitute “ warrant of control ”.

48

(1) Section 79 (release from custody and reduction of detention on payment) is amended as follows.

(2) In subsection (1)—

(a) for “distress” in the first place substitute “ goods ”;

(b) for “and distress” substitute “ ,or (as the case may be) on the payment of the amount outstanding, ”.

(3) In subsection (2)—

(a) for “distress” in the first place substitute “ goods ”;

(b) for the words from “to so much of the said sum” to the end substitute

— (a) to the amount outstanding at the time the period of detention was imposed, if the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) had been used for recovering the sum; (b) otherwise, to so much of the sum as was due at that time.

(4) After subsection (3) insert—

(4) In this Act, references to want of sufficient goods to satisfy a sum of money are references to circumstances where— (a) a warrant of control has been issued for the sum to be recovered from a person, but (b) it appears on the return to the warrant that the person's money and goods are insufficient to pay the amount outstanding. (5) In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

49

In section 80 (application of money found on defaulter to satisfy sum adjudged), in subsection (2) for “distress” substitute “ goods ”.

50

In section 81 (enforcement of fines imposed on young offenders) in subsections (1) and (3) for “distress” substitute “ goods ”.

51

(1) Section 82 (restriction on power to impose imprisonment for default) is amended as follows.

(2) In subsection (3), for “distress” substitute “ goods ”.

(3) In subsection (4A)(a), for “warrant of distress” substitute “ warrant of control ”.

52

In section 87 (enforcement of payment of fines by High Court and county court) in subsection (1) for “writ of fieri facias” substitute “ writ of control ”.

53

(1) Section 87A (fines imposed on companies) is amended as follows.

(2) In subsection (1)(b), for “warrant of distress” substitute “ warrant of control ”.

(3) For subsection (1)(c) substitute—

(c) it appears on the return to the warrant that the company's money and goods are insufficient to pay the amount outstanding,

(4) At the end insert—

(3) In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

54

In section 88 (supervision pending payment) in subsections (4) and (6) for “distress” substitute “ goods ”.

55

In section 96 (civil debt: complaint for non-payment), in subsection (1) for “distress” substitute “ goods ”.

56

In section 120 (forfeiture of recognizance), in subsection (4) for “warrant of distress” substitute “ warrant of control ”.

57

(1) In section 125 (warrants) subsection (2) is amended as follows.

(2) For “warrant of distress”, in the first place, substitute “ warrant of control ”.

(3) Omit the words from “This subsection” to the end.

58

(1) Section 125A (civilian enforcement officers) is amended as follows.

(2) In subsection (3), for “distress” substitute “ control ”.

(3) In subsection (3A), for “distress” substitute “ control ”.

(4) In subsection (4), for “against whom distress is levied” substitute “ , in the case of a warrant of control, against whom the warrant is issued ”.

59

In section 125B (execution by approved enforcement agency), in subsection (4) for “against whom distress is levied” substitute “ , in the case of a warrant of control, against whom the warrant is issued ”.

60

In section 125CA (power to make disclosure order), in subsection (2) for “distress” substitute “ control ”.

61

(1) Section 125D (execution by person not in possession of warrant) is amended as follows.

(2) Omit subsection (3)(c).

(3) In subsection (4), for “against whom distress is levied” substitute “ , in the case of a warrant of control, against whom the warrant is issued ”.

62

In section 133 (consecutive terms of imprisonment) in subsections (4) and (5) for “distress” substitute “ goods ”.

63

(1) Section 150 (interpretation) is amended as follows.

(2) In subsection (1) in the definitions of “impose imprisonment” and “sentence”, for “distress” substitute “ goods ”.

(3) After subsection (3) insert—

(3A) References in this Act to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4).

64

Omit section 151.

65

In Schedule 4A (powers of authorised officers executing warrants), omit paragraph 3.

Supreme Court Act 1981 (c. 54)

66

(1) Section 43ZA of the Supreme Court Act 1981 (power of High Court to vary committal in default) is amended as follows.

(2) In subsection (1) for “distress” in both places substitute “ goods ”.

(3) After subsection (2) insert—

(3) In subsection (1) references to want of sufficient goods to satisfy a sum are references to circumstances where— (a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but (b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

British Fishing Boats Act 1983 (c. 8)

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

County Courts Act 1984 (c. 28)

68

The County Courts Act 1984 is amended as follows.

69

(1) Section 85 (execution of judgments or orders for payment of money) is amended as follows.

(2) In subsection (1), for the words from “by execution” to the end substitute “ under a warrant under subsection (2). ”

(3) In subsection (2)—

(a) for “warrant of execution in the nature of a writ of fieri facias” substitute “ warrant of control ”;

(b) for the words from “levy” to the end substitute “ use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the money payable under the judgment or order. ”

(4) After that subsection insert—

(2A) The person to whom a warrant under subsection (2) must be directed is to be determined in accordance with arrangements made by a person authorised by or on behalf of the Lord Chancellor.

(5) Omit subsection (3).

70

(1) Section 86 (execution of orders for payment by instalments) is amended as follows.

(2) In subsection (1) for “execution on the order” substitute “ a warrant of control to recover any of that sum ”.

(3) In subsection (2)—

(a) for “execution is to issue” substitute “ a warrant of control is to be issued ”;

(b) for “execution may issue” substitute “ a warrant of control may be issued ”.

(4) In subsection (3)—

(a) for “execution or successive executions may issue” substitute “ a warrant or successive warrants of control may be issued ”;

(b) for the words from “no execution” to “it issues” substitute “ no warrant of control may be issued unless when it is issued ”.

71

(1) Section 87 (execution to be superseded on payment) is amended as follows.

(2) In subsection (1)—

(a) for “warrant of execution” substitute “ warrant of control ”;

(b) for “levied” substitute “ recovered ”.

(3) Omit subsection (2).

(4) For the heading “Execution to be superseded on payment” substitute “ Indorsement of amount on warrant ”.

72

Omit sections 89 to 91.

73

In section 92 (penalty for rescuing goods seized), after subsection (2) insert—

(3) This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

74

Omit sections 93 to 98 and 100.

75

In section 101 (interpleader by district judge), after subsection (3) insert—

(4) This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

76

Omit sections 102 and 103.

77

In section 104 (information as to writs and warrants of execution) in subsection (2) for “A bailiff of the county court” substitute “ The person to whom a warrant issued by the county court is directed ”.

78

Omit section 123.

79

(1) Section 124 (liability of bailiff for neglect to levy execution) is amended as follows.

(2) In subsection (1)—

(a) for the words from “a bailiff” to “the execution” substitute “ the county court issues a warrant of execution, control, possession or delivery and the person to whom it is directed loses the opportunity of executing it ”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (2)—

(a) for “the bailiff” substitute “ that person ”;

(b) for “execution” substitute “ warrant was ”.

80

In section 125 (irregularity in executing warrants) in subsection (1) after “but” insert “ , except in the case of a warrant of control (to which Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 applies), ”.

81

(1) Section 126 (actions against bailiffs acting under warrants) is amended as follows.

(2) In subsection (3) omit the words from “but” to the end.

(3) In subsection (4)—

(a) after “section” insert “ “bailiff” in relation to a warrant means the person to whom the warrant is directed, and ”;

(b) omit “ “bailiff””;

(4) After subsection (4) insert—

(5) This section does not apply to an action for anything done under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

82

In section 147 (interpretation) in subsection (1) omit the definition of “bailiff”.

Finance Act 1984 (c. 43)

83

In the Finance Act 1984 omit section 16 (unpaid car tax and VAT: distress).

Gas Act 1986 (c. 44)

84

In paragraph 29 of Schedule 2B to the Gas Act 1986 (gas meters and fittings not to be subject to distress) in sub-paragraph (1)(a) after “liable” insert “ to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or ”.

Insolvency Act 1986 (c. 45)

85

In section 436(1) of the Insolvency Act 1986 (expressions used generally) insert in the appropriate place—

“distress” includes use of the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, and references to levying distress, seizing goods and related expressions shall be construed accordingly;

Dartford-Thurrock Crossing Act 1988 (c. 20)

86

(1) Section 15 of the Dartford-Thurrock Crossing Act 1988 (termination: supplementary provisions) is amended as follows.

(2) In subsection (2)—

(a) after “distress” in the first place insert “ or any power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”;

(b) after “levied” insert “ or that power was exercised ”.

(3) In subsection (3) after “levied” insert “ or the power there mentioned was exercisable ”.

Local Government Finance Act 1988 (c. 41)

87

The Local Government Finance Act 1988 is amended as follows.

88

After section 62 insert—

(62A) Where a liability order has been made against a person under regulations under Schedule 9, the billing authority may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.

89

(1) Schedule 9 (non-domestic rating: administration) is amended as follows.

(2) In paragraph 1 for “recovery” substitute “ the recovery, otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), ”.

(3) In paragraph 3—

(a) omit sub-paragraph (2)(b);

(b) in sub-paragraph (4)(b), after “method” in the second place insert “ provided for in section 62A above or ”.

Electricity Act 1989 (c. 29)

90

In paragraph 11 of Schedule 6 to the Electricity Act 1989 (electrical plant etc not to be liable to be taken in execution), in sub-paragraph (2)(b) after “liable” insert “ to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or ”.

Companies Act 1989 (c. 40)

91

In section 180 of the Companies Act 1989 (proceedings against market property by unsecured creditors) in subsection (1) after “levied,” insert “ and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

New Roads and Street Works Act 1991 (c. 22)

92

(1) Paragraph 3 of Schedule 1 to the New Roads and Street Works Act 1991 (recovery of property taken in distress etc.) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “distress” in the first place insert “ or under any power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”;

(b) after “levied” insert “ or that power was exercised ”.

(3) In sub-paragraph (2)—

(a) For “This” substitute “ Sub-paragraph (1) ”;

(b) after “levied” insert “ or the power mentioned there was exercisable ”.

Child Support Act 1991 (c. 48)

93

The Child Support Act 1991 is amended as follows.

94

(1) Section 35 (enforcement of liability orders by distress) is amended as follows.

(2) In the heading for “distress” substitute “ taking control of goods ”.

(3) In subsection (1) for the words from “levy” to the end substitute “ use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid. ”

(4) Omit subsections (2) to (8).

95

In section 39A (commitment to prison and disqualification from driving), in subsection (1)(a), for “levy an amount by distress under this Act” substitute “ recover an amount by virtue of section 35(1) ”.

96

In section 40 (commitment to prison) for subsection (4)(a)(i) substitute—

(i) the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and

97

In section 40B (disqualification from driving: further provision) for subsection (3)(a) substitute—

(a) the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and

Water Industry Act 1991 (c. 56)

98

In section 179 of the Water Industry Act 1991 (vesting of works in undertaker), in subsection (4)(b) after “liable” insert “ to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or ”.

Water Resources Act 1991 (c. 57)

99

In Schedule 15 to the Water Resources Act 1991 (supplemental provisions with respect to drainage charges), in paragraph 12(2)(b) for “warrant of distress” substitute “ warrant of control ”.

Land Drainage Act 1991 (c. 59)

100

In section 54 of the Land Drainage Act 1991 (powers for enforcing payment of drainage rates), in subsection (2)(b) for “warrant of distress” substitute “ warrant of control ”.

101

The Social Security Administration Act 1992 is amended as follows.

102

In section 71 (overpayments: general), in subsection (10)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

103

In section 75 (overpayments of housing benefit), in subsection (7)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

104

(1) Section 121A (recovery of contributions etc in England and Wales) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Omit subsections (2) to (8) and (10).

Local Government Finance Act 1992 (c. 14)

105

The Local Government Finance Act 1992 is amended as follows.

106

In section 14 (administration, penalties and enforcement), after subsection (3) insert—

(4) Where a liability order has been made against a person under regulations under Schedule 4, the billing authority concerned may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.

107

(1) Schedule 4 (enforcement: England and Wales) is amended as follows.

(2) In paragraph 1(1) and (2) after “recovery” insert “ , otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), ”.

(3) In paragraph 5 (attachment of earnings etc)—

(a) in sub-paragraph (1A)(a) for “; and” substitute “ (unless paragraph (b) applies); ”;

(b) in sub-paragraph (1A)(b) for sub-paragraph (i) and the words before it substitute—

(b) where a person authorised to act under the power conferred by section 14(4) (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding— (i) the amount outstanding at the time when the attachment of earnings order is made, and

;

(9) In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

(4) Omit paragraph 7 (distress).

(5) In paragraph 8 (commitment to prison)—

(a) in sub-paragraph (1)(a)—

(i) omit the words from “an authority” to “paragraph 7 above”;

(ii) for the words from “the person” to “levy the amount” substitute “ there are insufficient goods to satisfy an amount under section 14(4) ”;

(b) after sub-paragraph (1) insert—

(1A) In sub-paragraph (1) the reference to insufficient goods to satisfy an amount under section 14(4) is a reference to circumstances where a person authorised to act under the power conferred by section 14(4) (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding.

;

(a) the amount outstanding at the time when the warrant of commitment is issued; and

;

(d) at the end insert—

(4) In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

(6) In paragraph 12 (relationship between remedies) in sub-paragraph (1)—

(a) omit paragraph (c);

(b) in paragraph (d), for “distress” substitute “ the power conferred by section 14(4) ”;

(d) in paragraph (f), for “distress” substitute “ exercise of the power conferred by section 14(4) ”.

(7) Omit paragraph 19 (3).

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

108

Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition) is amended as follows.

109

(1) Paragraph 19E is amended as follows.

(2) In sub-paragraph (5) for “by execution issued from that court” substitute “ under section 85 of the County Courts Act 1984 ”.

(3) In sub-paragraph (6) for the words from the beginning to “carried out” substitute “ Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (5), the power conferred by the warrant is exercisable ”.

110

(1) Paragraph 28 is amended as follows.

(2) In sub-paragraph (6) for “by execution issued from that court” substitute “ under section 85 of the County Courts Act 1984 ”.

(3) In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “ Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable ”.

111

(1) Paragraph 120 is amended as follows.

(2) In sub-paragraph (6) for “by execution issued from that court” substitute “ under section 85 of the County Courts Act 1984 ”.

(3) In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “ Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable ”.

Railways Act 1993 (c. 43)

112

In section 27 of the Railways Act 1993 (transfer of franchise assets and shares), in subsection (6) after “levied” insert “ and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 may be exercised ”.

Finance Act 1994 (c. 9)

113

(1) The Finance Act 1994 is amended as follows.

114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

115

In section 11 (breaches of walking possession agreements), for subsection (5) substitute—

(5) This section extends only to Northern Ireland.

116

(1) Schedule 7 (insurance premium tax) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In paragraph 19, for sub-paragraph (5) substitute—

(5) This paragraph extends only to Northern Ireland.

Value Added Tax Act 1994 (c. 23)

117

The Value Added Tax Act 1994 is amended as follows.

118

In section 48 (VAT representatives), in subsection (7A) after “enforcement” insert “ by taking control of goods or, in Northern Ireland, ”.

119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120

In section 68 (breach of walking possession agreements) for subsection (5) substitute—

(5) This section extends only to Northern Ireland.

Pensions Act 1995 (c. 26)

121

In section 10 of the Pensions Act 1995 (civil penalties), in subsection (8A)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Finance Act 1996 (c. 8)

122

Schedule 5 to the Finance Act 1996 (landfill tax) is amended as follows.

123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124

In paragraph 24, for sub-paragraph (4) substitute—

(4) This paragraph extends only to Northern Ireland.

Employment Tribunals Act 1996 (c. 17)

125

In section 15 of the Employment Tribunals Act 1996 (enforcement), in subsection (1) for the words from “by execution”, to “court” in the first place after “by execution”, substitute “ under section 85 of the County Courts Act 1984 ”.

Finance Act 1997 (c. 16)

126

(1) Section 51 of the Finance Act 1997 (enforcement by distress) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (1) after “by regulations” insert “ not having effect in England and Wales or Scotland ”.

(4) Omit subsection (7).

127

In section 7 of the Social Security (Recovery of Benefits) Act 1997 (recovery of payments due under section 6), in subsection (4) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

National Minimum Wage Act 1998 (c. 39)

128

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road Traffic (NHS Charges) Act 1999 (c. 3)

129

In section 5 of the Road Traffic (NHS Charges) Act 1999 (recovery of NHS charges), in subsection (4) (so far as it continues to have effect) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Greater London Authority Act 1999 (c. 29)

130

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