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
230

      (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).”
5
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
10
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—
15
(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
20
amount outstanding (as defined by paragraph 50(3) of that
Schedule).”
British Fishing Boats Act 1983 (c. 8)
67
In section 5 of the British Fishing Boats Act 1983 (recovery of fines), in
subsection (3)—
25
(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.
County Courts Act 1984 (c. 28)
68
The County Courts Act 1984 is amended as follows.
30
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)—
35
(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
40
judgment or order.”

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
231

      (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).
5
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)—
10
(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)—
15
(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.
20
      (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
25
“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.”
30
74
Omit sections 93 to 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.
35
77
In section 104 (information as to writs and warrants of execution) in
subsection (2) for “A bailiff of a county court” substitute “The person to
whom a warrant issued by a county court is directed”.
78
Omit section 123.
79    (1)
Section 124 (liability of bailiff for neglect to levy execution) is amended as
40
follows.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
232

      (2)
In subsection (1)—
(a)
for the words from “a bailiff” to “the execution” substitute “a 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”;
5
(b)
for “judge of that court” substitute “district judge”.
      (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
10
“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.
15
      (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””;
(c)
for “a bailiff” substitute “that person”.
20
      (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
25
“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
30
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 of the Insolvency Act 1986 (expressions used generally) insert
35
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;”.
40

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
233

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
5
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”.
10
Income and Corporation Taxes Act 1988 (c. 1)
87
In Schedule 16 to the Income and Corporation Taxes Act 1988 (collection of
income tax on company payments which are not distributions), in
paragraph 6(5) at the end insert “or under Schedule 12 to the Tribunals,
Courts and Enforcement Act 2007 (taking control of goods)”.
15
Local Government Finance Act 1988 (c. 41)
88
The Local Government Finance Act 1988 is amended as follows.
89
After section 62 insert—
“62A
Recovery by taking control of goods
Where a liability order has been made against a person under
20
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.”
90    (1)
Schedule 9 (non-domestic rating: administration) is amended as follows.
25
      (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);
30
(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)
91
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
35
“liable” insert “to be taken control of under Schedule 12 to the Tribunals,
Courts and Enforcement Act 2007, or”.
Companies Act 1989 (c. 40)
92
In section 180 of the Companies Act 1989 (proceedings against market
property by unsecured creditors) in subsection (1) after “levied,” insert “and
40

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
234

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)
93    (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.
5
      (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”.
10
      (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)
94
The Child Support Act 1991 is amended as follows.
15
95    (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
20
(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).
96
In section 39A (commitment to prison and disqualification from driving), in
subsection (1)(a), for “levy an amount by distress under this Act” substitute
25
“recover an amount by virtue of section 35(1)”.
97
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”.
30
98
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”.
35
Water Industry Act 1991 (c. 56)
99
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”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
235

Water Resources Act 1991 (c. 57)
100
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)
5
101
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”.
Social Security Administration Act 1992 (c. 5)
102
The Social Security Administration Act 1992 is amended as follows.
10
103
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”.
104
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
15
County Courts Act 1984”.
105   (1)
Section 121A (recovery of contributions etc in England and Wales) is
amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (b) after “relates” insert “(“the sums due”)”;
20
(b)
for the words from “distrain” 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 sums due”.
      (3)
Omit subsections (2) to (8) and (10).
Local Government Finance Act 1992 (c. 14)
25
106
The Local Government Finance Act 1992 is amended as follows.
107
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
30
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.”
108   (1)
Schedule 4 (enforcement: England and Wales) is amended as follows.
35
      (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
40
(b) applies);”;

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
236

(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
5
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
10
the attachment of earnings order is made,
and”;
(c)
at the end insert—
    “(9)
In this paragraph “the amount outstanding” has the
meaning given by paragraph 50(3) of Schedule 12 to the
15
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”;
20
(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
25
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
30
concerned that he was unable (for whatever reason) to find
sufficient goods of the debtor to pay the amount
outstanding.”;
(c)
for sub-paragraph (2)(a) substitute—
“(a)
the amount outstanding at the time when the
35
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.”
40
      (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)”;
(c)
in paragraph (e), for “distress” substitute “exercise of the power
45
conferred by section 14(4)”;
(d)
in paragraph (f), for “distress” substitute “exercise of the power
conferred by section 14(4)”.