Regulation 28 Issue of warrant authorising enforcement agent to use reasonable force to enter premises

(1)

This regulation applies where the enforcement agent has power to enter premises under paragraph 14 or 15 of Schedule 12.

(2)

The conditions of which the court must be satisfied before it issues a warrant under paragraph 20(2) of Schedule 12, or includes provision in a warrant under paragraph 21(2) of that Schedule, are—

(a)

either—

(i)

the enforcement agent is attempting to recover a debt enforceable under section 127 of the Finance Act 2008 M1; or

(ii)

the premises are premises to which the goods have been deliberately removed in order to avoid control being taken of them;

(b)

there are, or are likely to be, goods of the debtor on the premises of which control can be taken;

(c)

the enforcement agent has explained to the court—

(i)

the likely means of entry, and the type and amount of force that will be required to make the entry;

(ii)

how, after entry, the enforcement agent proposes to leave the premises in a secure state; and

(d)

in all the circumstances it is appropriate for the court to give an authorisation, having regard (among other matters) to—

(i)

the sum outstanding;

(ii)

the nature of the debt.

Annotations

Marginal citations

M1: 2008 c. 9.