Regulation 29 Issue of warrant authorising enforcement agent to use reasonable force in relation to goods on a highway

(1)

This regulation applies where an enforcement agent is taking control of goods on a highway.

(2)

The conditions of which the court must be satisfied before it issues a warrant under paragraph 31(1) of Schedule 12 are—

(a)

the enforcement agent is attempting to recover a debt enforceable by virtue of a writ or warrant referred to in paragraph (3) or under section 127 of the Finance Act 2008;

(b)

the enforcement agent has explained to the court the type and amount of force that will be required to take control of the goods; and

(c)

in all the circumstances an authorisation ought to be given, having regard to (among other matters)—

(i)

the sum outstanding; and

(ii)

the nature of the debt.

(3)

The writs and warrants (as the case may be) mentioned in paragraph (2)(a) are—

(a)

a High Court writ of control which confers a power to recover a sum of money;

(b)

a High Court writ of delivery which confers a power to take control of goods and sell them to recover a sum of money;

(c)

a High Court writ of possession which confers a power to take control of goods and sell them to recover a sum of money;

(d)

a county court warrant of control pursuant to section 85 of the County Courts Act 1984 M1 except such a warrant which is issued to recover a traffic contravention debt as defined by section 82 of the Traffic Management Act 2004 M2;

(e)

a county court warrant of delivery which confers a power to take control of goods and sell them to recover a sum of money;

(f)

a county court warrant of possession which confers a power to take control of goods and sell them to recover a sum of money;

(g)

a magistrates' court warrant of control pursuant to section 76 of the Magistrates' Courts Act 1980 M3.

Annotations

Marginal citations

M1: 1984 c. 28. Section 85 was amended by the Courts and Legal Services Act 1990 (c. 41), section 74(1) and (3) and is prospectively amended by the Tribunals, Courts and Enforcement Act 2007, sections 62(3), 67 and 146 and Schedule 13, paragraphs 68 and 69.
M2: 2004 c.18. Section 82 is prospectively amended by the Tribunals, Courts and Enforcement Act 2007, sections 62(3) and 146, Schedule 13, paragraph 156(a) and Schedule 23, Part 3.
M3: 1980 c. 43. Section 76 was amended by the Criminal Justice Act 1982 (c. 48), section 78 and Schedule 16 and is prospectively amended by the Tribunals, Courts and Enforcement Act 2007, section 62(3) and Schedule 13, paragraphs 45 and 46.