SCHEDULES
C1C2C3C4 SCHEDULE 12Taking control of goods
Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3
Sch. 12 applied by S.I. 2013/2605, art. 21K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 8)
Sch. 12 applied by S.I. 2014/1893, art. 34K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 20)
C2Part 2The procedure
Goods on a highway
31
I41
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.
I1I52
The court may not issue a warrant unless it is satisfied that prescribed conditions are met.
I43
The warrant may require any constable to assist the enforcement agent to execute it.
I1I54
The power to use force is subject to any restriction imposed by or under regulations.
I45
The power to use force does not include power to use force against personsF1....
32
I2I61
The enforcement agent may not exercise any power under this Schedule on a highway except within prescribed times of day.
I2I62
Regulations may give the court power in prescribed circumstances to authorise him to exercise a power at other times.
I73
The authorisation may be subject to conditions.
33
I81
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.
I3I92
Regulations must state—
a
the form of the notice;
b
what information it must give.
I83
If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then.
I84
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.
Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)