# The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make provisions under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (“the Act”).
Regulation 2 introduces, in regulation 2 of the Taking Control of Goods Regulations 2013 (S.I. 2013/1894) (“the 2013 Regulations”), the definitions of “debt advice provider” and “non-eligible business debt”, replicating the meanings given in, respectively, regulations 3 and 5(6)(d) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (S.I. 2020/1311). It also amends regulation 6 of the 2013 Regulations to extend the minimum period of notice that must be given to the debtor before an enforcement agent can take control of the debtor's goods. The minimum period of notice is extended from 7 to 14 days or, when requested by a debt advice provider on behalf of the debtor in respect of a non-business debt, to 28 days. Regulation 7 of the 2013 Regulations is also amended so that a notice of enforcement must include information about the availability of free advice from a debt advice provider and the debt advice provider’s ability to request an extension of the enforcement notice period.
Regulation 3 amends regulation 4 of the Taking Control of Goods (Fees) Regulations 2014 (S.I. 2014/1) (“the 2014 Regulations”) to prevent the unnecessary escalation through the enforcement stages described in regulation 6 of the 2014 Regulations in cases where the enforcement agent is acting under an enforcement power conferred by a High Court writ. The changes specify that: where no initial contact is established during the first attendance at the premises, the enforcement agent will not proceed to the second enforcement stage until the debtor has been given another opportunity to make payment in full or enter into a repayment arrangement or a controlled goods agreement; and that only the first enforcement stage fee may be recovered from the debtor where the debtor makes payment in full, or where the enforcement agent and the debtor enter into a repayment arrangement or a controlled goods agreement that the debtor does not breach. Consequential amendments are made to regulation 6 of the 2014 Regulations to update the description of the first enforcement stage, clarifying that it covers cases in which payment is made in full or through an arrangement. Regulation 3 also amends the Schedule to the 2014 Regulations to implement an increase in the fees that can be recovered when using the taking control of goods procedure under Schedule 12 to the Act, as well as the thresholds above which a percentage fee can be added to the fees.
Regulation 4 updates the Notice of Enforcement form in the Schedule to the Certification of Enforcement Agents Regulations 2014 (S.I. 2014/421). Specifically, it updates page 2 of the form to clarify that a Notice of Enforcement must provide debtors with a minimum of 14 days to respond before an enforcement agent may visit to take control of goods. It also clarifies that, if a debt advice provider requests it, this 14-day period can be extended to 28 days.
The saving provision in regulation 1(3) ensures that nothing in these Regulations affects any enforcement action taken prior to these Regulations coming into force.
An Impact Assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2026/366/note (the official version)
Page: https://openlegislation.uk/taking-control-of-goods-miscellaneous-amendments-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.