OpenLegislation

Regulation 6 Stages of enforcement for which fees may be recovered – enforcement of High Court writsI1

England and Wales

(1)

The relevant stages of enforcement under an enforcement power conferred by a High Court writ are as follows—

(a)

the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the first enforcement stage, or, where sub-paragraph (c)(i) applies, the commencement of the second enforcement stage;

(b)

where F1the debtor makes payment in full or the enforcement agent and the debtor enter into F2a repayment arrangement or a controlled goods agreement, the first enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions until F3payment in full is made or the repayment arrangement or controlled goods agreement is completed or breached;

(c)

the second enforcement stage, which comprises—

(i)

where F4payment in full is not made or the enforcement agent and the debtor do not enter into F5a repayment arrangement or a controlled goods agreement, all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;

(ii)

where the enforcement agent and the debtor enter into a repayment arrangement or a controlled goods agreement but the debtor F6breaches that arrangement or agreement, all activities relating to enforcement from the time at which the debtor F7breaches the arrangement or agreement up to but not including the commencement of the sale or disposal stage;

(d)

the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation14).

(2)

Where the goods against which enforcement is sought are securities, the sale or disposal stage commences with the provision of a notice of disposal in accordance with paragraph 49(2) of Schedule 12.

Annotations

Textual amendments

F1

Words in reg. 6(1)(b) inserted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(4)(a)(i) (with reg. 1(3))

F2

Words in reg. 6(1)(b) inserted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(4)(a)(ii) (with reg. 1(3))

F3

Words in reg. 6(1)(b) substituted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(4)(a)(iii) (with reg. 1(3))

F4

Words in reg. 6(1)(c)(i) inserted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(4)(b)(ii) (with reg. 1(3))

F5

Words in reg. 6(1)(c) inserted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(4)(b)(i) (with reg. 1(3))

F6

Words in reg. 6(1)(c)(ii) substituted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(4)(b)(iii)(aa) (with reg. 1(3))

F7

Words in reg. 6(1)(c)(ii) substituted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(4)(b)(iii)(bb) (with reg. 1(3))

Commencement

I1

Reg. 6 in force at 6.4.2014, see reg. 1(1)