Regulation 2 Amendments to the Taking Control of Goods Regulations 2013

(1)

The Taking Control of Goods Regulations 2013^f1 are amended as follows.

(2)

In regulation 2 (general interpretation)—

(a)

after the definition of “creditor” insert—

““debt advice provider” has the meaning given in regulation 3 of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020^f2;”;

(b)

after the definition of “net unpaid rent” insert—

““non-eligible business debt” has the meaning given in regulation 5(6)(d) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020;”.

(3)

In regulation 6 (minimum period of notice)—

(a)

In paragraph (1)—

(i)

for “paragraph (3)” substitute “paragraphs (1A) and (3)”, and

(ii)

for “7 clear days” substitute “14 clear days”.

(b)

After paragraph (1) insert—

“(1A)

Where, before the expiration of the period of notice indicated in the notice of enforcement, a request is submitted by a debt advice provider on behalf of the debtor, the minimum period of notice referred to in paragraph (1) must be extended to a minimum of 28 clear days before the enforcement agent takes control of the goods.

(1B)

The extension under paragraph (1A) does not apply where the debt is non‑eligible business debt.”.

(c)

In paragraph (2), for “paragraph (1)” substitute “paragraph (1) or (1A)”.

(d)

In paragraph (3), after “period of notice” insert “than those set out in paragraphs (1) and (1A)”.

(4)

In regulation 7 (form and contents of notice)—

(a)

at the end of paragraph (g) omit “and”;

(b)

after paragraph (h) insert—

“(i)

the availability of free advice from a debt advice provider and the contact details for such providers; and

(j)

the possibility of obtaining an extension of the minimum notice period under regulation 6(1A).”.

Annotations

Footnotes

f1: S.I. 2013/1894, amended by S.I. 2020/451, 2020/614 and 2020/1002.
f2: S.I. 2020/1311.