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Paragraph 1 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The sum in respect of charges connected with the distress which may be aggregated under regulation 14(2) shall be as set out in the following Table—

F2TABLE

(1)(2)
Matters connected with distressCharges
AFor making a visit to premises with a view to levying distress (where no levy is made)–
(i)

where the visit is the first or only such visit

F3F4£22.50£24.50
(ii)

where the visit is the second such visit

 F5£16.50£18.00
BFor levying distress

The lesser of–

  1. (i)

    the amount of the costs and fees reasonably incurred; and

  2. (ii)

    the relevant amount calculated under paragraph 2(1) with respect to the levy

CFor one attendance with a vehicle with a view to the removal of goods (where, following the levy, goods are not removed)Reasonable costs and fees incurred
DFor the removal and storage of goods for purpose of saleReasonable costs and fees incurred
EFor the possession of goods as described in paragraph 2(2)–
(i)

for close possession (the man in possession to provide his own board);

 F6F7£14.00£15.00 per day
(ii)

for walking possession

F8£11.00£12.00
FFor appraisement of an item distrained, at the request in writing of the debtorReasonable fees and expenses of the broker appraising
GFor other expenses of, and commission on, a sale by auction–
(i)

where the sale is held on the auctioneer’s premises

The auctioneer’s commission fee and out-of-pocket expenses (but not exceeding in aggregate 15 per cent. of the sum realised), together with reasonable costs and fees incurred in respect of advertising
(ii)

where the sale is held on the debtor’s premises

The auctioneer’s commission fee (but not exceeding 7½ per cent. of the sum realised, together with the auctioneer’s out-of-pocket expenses and reasonable costs and fees incurred in respect of advertising
HWhere no sale takes place by reason of payment or tender in the circumstances referred to in regulation 14(4)

Either–

  1. (i)

    F9F10£22.50£24.50, or

  2. (ii)

    the actual costs incurred, to a maximum of 5 per cent. of the amount in respect of which the liability order was made,

whichever is the greater

Annotations

Textual amendments

F1

Sch. 3 substituted (1.4.1993) by The Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 (S.I. 1993/774), reg. 1(1), Sch. (with reg. 2(3))

F2

Sch. 3 para. 1 Table substituted (1.4.1999) by The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1998 (S.I. 1998/3089), reg. 1, Sch. 2

F3

Sum in Sch. 3 para. 1 Table substituted (E.) (31.1.2007 in relation to financial years beginning on or after 1 April 2007) by The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006 (S.I. 2006/3395), regs. 1(1)(b)(2)(b), 2(2)(a)(i)

F4

Sums in Sch. 3 para. 1 Table substituted (E.) (1.10.2003) by The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2003 (S.I. 2003/2210), regs. 1(1), 4(a)(i) and (W.) (1.4.2004) by The Council Tax (Administration and Enforcement) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2004 (S.I. 2004/1013), regs. 1(1), 3(a)(i)

F5

Sum in Sch. 3 para. 1 Table substituted (E.) (31.1.2007 in relation to financial years beginning on or after 1 April 2007) by The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006 (S.I. 2006/3395), regs. 1(1)(b)(2)(b), 2(2)(a)(ii)

F6

Sum in Sch. 3 para. 1 Table substituted (E.) (31.1.2007 in relation to financial years beginning on or after 1 April 2007) by The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006 (S.I. 2006/3395), regs. 1(1)(b)(2)(b), 2(2)(a)(iii)

F7

Sums in Sch. 3 para. 1 Table substituted (E.) (1.10.2003) by virtue of The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2003 (S.I. 2003/2210), regs. 1(1), 4(a)(ii) and (W.)(1.4.2004) by The Council Tax (Administration and Enforcement) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2004 (S.I. 2004/1013), regs. 1(1), 3(a)(ii)

F8

Sum in Sch. 3 para. 1 Table substituted (E.) (31.1.2007 in relation to financial years beginning on or after 1 April 2007) by The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006 (S.I. 2006/3395), regs. 1(1)(b)(2)(b), 2(2)(a)(iv)

F9

Sum in Sch. 3 para. 1 Table substituted (E.) (31.1.2007 in relation to financial years beginning on or after 1 April 2007) by The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006 (S.I. 2006/3395), regs. 1(1)(b)(2)(b), 2(2)(a)(v)

F10

Sum in Sch. 3 para. 1 Table substituted (E.) (1.10.2003) by virtue of The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (England) Regulations 2003 (S.I. 2003/2210), regs. 1(1), 4(a)(iii) and (W.) (1.4.2004) by The Council Tax (Administration and Enforcement) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2004 (S.I. 2004/1013), regs. 1(1), 3(a)(iii)

Notes on Schedule 3

Modifications

C1

Schs. 2-4 applied (with modifications) (E.) (17.9.2004) by The Business Improvement Districts (England) Regulations 2004 (S.I. 2004/2443), reg. 1(1), Sch. 4 para. 9

C2

Schs. 2-4 applied (with modifications) (E.) (17.9.2004) by The Business Improvement Districts (England) Regulations 2004 (S.I. 2004/2443), reg. 1(1), Sch. 4 para. 13

C3

Schs. 2-4 applied (with modifications) (W.) (13.5.2005) by The Business Improvement Districts (Wales) Regulations 2005 (S.I. 2005/1312), reg. 1(1), Sch. 4 para. 9

C4

Schs. 2-4 applied (with modifications) (W.) (13.5.2005) by The Business Improvement Districts (Wales) Regulations 2005 (S.I. 2005/1312), reg. 1(1), Sch. 4 para. 13