Regulation 31 Appeals in connection with distress
A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to the magistrates’ court F1....
The appeal shall be by way of complaint for an order.
If the court is satisfied that the levy was irregular, it may—
order the goods distrained to be discharged if they are in the possession of the Secretary of State;
order an award of compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings under section 35(6) of the Act were brought in trespass or otherwise in connection with the irregularity.
If the court is satisfied that an attempted levy was irregular, it may by order require the Secretary of State to desist from levying in the manner giving rise to the irregularity.
Annotations
Textual amendments
- F1
Words in reg. 31(1) omitted (1.8.2007) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 2(5)