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| For other Amendment(s) see the following page(s):
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| Crime and Courts Bill Committee 48-55 and 57-60 |
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| Crime and Courts Bill [Lords] |
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| Schedule 15, page 269, line 16, leave out paragraph 29. |
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| | Enforcement by taking control of goods |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for |
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| | taking control of goods) is amended as follows. |
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| | (2) | In paragraph 17 (enforcement agent may use reasonable force to enter etc where |
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| | paragraph 18 or 19 applies) for “or 19” substitute “, 18A, 19 or 19A”. |
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| | (3) | After paragraph 18 insert— |
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| | “18A (1) | This paragraph applies if these conditions are met— |
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| | (a) | the enforcement agent has power to enter the premises under |
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| | (b) | the enforcement agent reasonably believes that the debtor |
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| | carries on a trade or business on the premises; |
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| | (c) | the enforcement agent is acting under a writ or warrant of |
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| | control issued for the purpose of recovering a sum payable |
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| | under a High Court or county court judgment; |
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| | (d) | the sum so payable is not a traffic contravention debt. |
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| | (2) | “Traffic contravention debt” has the meaning given by section 82(2) |
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| | of the Traffic Management Act 2004.” |
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| | (4) | After paragraph 19 insert— |
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| | “19A (1) | This paragraph applies if these conditions are met— |
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| | (a) | the enforcement agent has power to enter the premises under |
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| | (b) | the premises are not premises on which the enforcement agent |
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| | reasonably believes that the debtor carries on a trade or |
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| | (c) | the enforcement agent has taken control of the goods by |
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| | entering into a controlled goods agreement with the debtor; |
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| | (d) | the debtor has failed to comply with any provision of the |
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| | controlled goods agreement relating to the payment by the |
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| | (e) | the debtor has been given notice of the intention of the |
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| | enforcement agent to enter the premises to inspect the goods |
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| | or to remove them for storage or sale; |
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| | (f) | paragraph 18 does not apply. |
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| | (2) | For the purposes of a notice under sub-paragraph (1)(e), regulations |
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| | (a) | the minimum period of notice; |
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| | (b) | the form of the notice; |
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| | (c) | what it must contain; |
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| | (d) | how it must be given; |
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| | (3) | The enforcement agent must keep a record of the time when a notice |
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| | under sub-paragraph (1)(e) is given. |
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| | (4) | If regulations authorise it, the court may order in prescribed |
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| | circumstances that the notice given may be less than the minimum |
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| | (5) | The order may be subject to conditions.” |
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| | (5) | In paragraphs 24(2) and 31(5) (no power to use force against persons except to |
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| | extent provided in regulations) omit “, except to the extent that regulations |
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| | (6) | Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after |
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| | (7) | Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in |
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| | accordance with notice of disposal). |
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| | (8) | In consequence of the repeals in subsection (5), in section 90 of the Tribunals, |
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| | Courts and Enforcement Act 2007 (regulations under Part 3)— |
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| | (a) | omit subsection (4) (procedure for regulations under paragraphs 24(2) |
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| | and 31(5) of Schedule 12), and |
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| | (b) | in subsection (5) omit “In any other case”. |
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| | (9) | In Schedule 13 to that Act (taking control of goods: amendments)— |
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| | (a) | in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972) |
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| | for the words after “etc.),” substitute “omit subsection (2).”, |
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| | (b) | in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act |
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| | 1984) after “93 to” insert “98 and”, |
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| | (c) | in paragraph 85 (amendment of section 436 of the Insolvency Act 1986) |
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| | for “436” substitute “436(1)”, |
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