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The Distress for Rent (Amendment) Rules 2003

S.I. 2003/1858 · Made 15 July 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

DISTRESS, ENGLAND AND WALES

Made 15th July 2003

Coming into force 15th August 2003

The Lord Chancellor, in exercise of the powers conferred upon him by section 8 of the Law of Distress Amendment Act 1888f1 hereby makes the following Rules:

Annotations to the whole text

Footnotes

f1

1888 c. 21.

Contents

  1. 1Citation and commencement
  2. 2Amendments to Distress for Rent Rules 1988
  3. 3Amendments to Distress for Rent Rules 1988
  4. Signature
  5. Explanatory note

1Citation and commencement

These Rules may be cited as the Distress for Rent (Amendment) Rules 2003 and shall come into force on 15th August 2003.

2Amendments to Distress for Rent Rules 1988

Appendix 1 to the Distress for Rent Rules 1988f1 shall be amended as follows—

(a)

in paragraph 1, for “£12.50” substitute “£21.65”;

(b)

in paragraph 3—

(i)

for “man” wherever it occurs, substitute “person”;

(ii)

for “£4.50” substitute “£7.80”; and

(iii)

for “45p” substitute “80p”;

(c)

in paragraphs 2, 4, 5 and 7 for “taxation”, substitute “detailed assessment”.

3Amendments to Distress for Rent Rules 1988

In Form 8 in Appendix 2 to the Distress for Rent Rules 1988, for “man” wherever it occurs substitute “person”.

Signature

Falconer of Thoroton, C

Dated 15th July 2003

Explanatory note

(This note is not part of the Rules)

These Rules which apply to England and Wales, amend the Distress for Rent Rules 1988 which relate to distress for rent and (by virtue of the modification effected by the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993) for debts under section 78 of the Road Traffic Act 1991, by increasing the fees to be charged for levying distress for rent.

For levying distress, where the sum demanded and due does not exceed £100, the fee is increased from £12.50 to £21.65.

For taking possession, where a person is left in physical possession, the fee is increased from £4.50 to £7.80 each day; and where walking possession is agreed, the fee is increased from 45p to 80p each day. All other fees remain unchanged.

These Rules also make minor amendments to paragraph 3 in Appendix 1 and Form 8 (Form of walking-possession agreement (Request not to remove goods)) in Appendix 2 and amend the references to taxation in Appendix 1 so that they refer to detailed assessment under the Civil Procedure Rules 1998.