Regulation 10 Circumstances in which the enforcement agent may not take control of goods
England and Wales
The enforcement agent may not take control of goods of the debtor where—
the debtor is a child;
a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; F1...
the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present;
during the emergency period, the goods are located at premises which include a dwelling-house; or
during the emergency period, the goods are located on a highway.
Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it, the enforcement agent may not do so if such action is in all the circumstances likely to result in a breach of the peace.
In paragraph (2), “in use” means that the item is in the hands of, or being operated by, the person.
Annotations
Textual amendments
- F1
Word in reg. 10(1)(b) omitted (25.4.2020) by virtue of The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/451), regs. 1(1), 2(4)(a) (with reg. 1(2))
- F2
Reg. 10(1)(d)(e) inserted (25.4.2020) by The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/451), regs. 1(1), 2(4)(b) (with reg. 1(2))