Tribunals, Courts and Enforcement Bill [HL]

House of Commons

Session 2006 - 07
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Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
223

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
5
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,
10
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
15
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”
20
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
25
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—
30
(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—
35

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

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
224

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
5
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
10
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)
15
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).”
20
Deeds of Arrangement Act 1914 (c. 47)
21
In section 17 of the Deeds of Arrangement Act 1914 (preferential payment to
creditor an offence), after “by distress” insert “or by using the procedure in
Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking
control of goods),”.
25
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—
30
“(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.”
35
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

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
225

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
5
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
10
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
15
(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
20
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
25
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.
30
      (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).
35
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
40
reference to circumstances where—

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
226

(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
5
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)—
10
(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.
15
33    (1)
Section 61 (distraint by collectors) is amended as follows.
      (2)
In subsection (1), after “the collector may” insert “—
(a)
in England and Wales, use the procedure in Schedule 12 to
the Tribunals, Courts and Enforcement Act 2007 (taking
control of goods) to recover that sum;
20
(b)
in Northern Ireland,”.
      (3)
After subsection (1) insert—
“(1A)
Subsections (2) to (6) apply to distraint under subsection (1)(b).”
34
In section 62 (priority of claim for tax) at the end insert—
“(4)
This section does not extend to England and Wales.”
25
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)
30
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.), in
35
subsection (2) omit the words from ““sentence of imprisonment”” to the end.
Rehabilitation of Offenders Act 1974 (c. 53)
38
In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
227

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
5
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
10
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
15
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
20
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”.
25
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
30
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)
35
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”.
40
      (3)
In subsection (2)(a)—
(a)
for “warrant of distress” substitute “warrant of control”;

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
228

(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”.
5
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)—
10
(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”;
15
(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
20
(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—
25
“(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
30
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.”
35
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
40
amended as follows.
      (2)
In subsection (3), for “distress” substitute “goods”.
      (3)
In subsection (4A)(a), for “warrant of distress” substitute “warrant of
control”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
229

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—
5
“(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
10
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
15
“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”.
20
      (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
25
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
30
“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
35
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.