Paragraph 5 Amendment of Enforcement of Road Traffic Debts Order

The Enforcement of Road Traffic Debts Order 1993^f1 is amended as follows—

(a)

in article 1 (Citation, commencement and interpretation), in paragraph (2)—

(i)

in the definition of “enforcement officer”, for the words after “means” substitute “a person who is able under section 63 of the Tribunals, Courts and Enforcement Act 2007 to act as an enforcement agent”;

(ii)

omit the definition of “execution fees”; and

(iii)

after the definition of “respondent” insert—

““the Schedule 12 procedure” means the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods and selling them to recover a sum of money), and “the amount outstanding” has the meaning given in that Schedule;”;

(b)

in article 2 (Specified debts), in paragraph (2), for “execution” substitute “control”;

(c)

in article 3 (Requirements to be satisfied before taking enforcement proceedings)—

(i)

in paragraph (1), for “execution” substitute “control”;

(ii)

in paragraph (3)—

(aa)

in sub-paragraph (a), for “execution” substitute “the use of the Schedule 12 procedure”;

(bb)

in sub-paragraph (b), for the words after “believe that” substitute “the use of the Schedule 12 procedure will fail to recover the amount outstanding”;

(iii)

in paragraph (4), for “execution” substitute “the use of the Schedule 12 procedure”; and

(iv)

in paragraph (5)—

(aa)

in the definition of “enforcement proceedings”, for “execution against goods” substitute “the Schedule 12 procedure”; and

(bb)

in the definition of “no relevant return to the warrant”, for sub-paragraphs (i) and (ii) substitute—

“(i)
it has not been possible to take control of goods because access has been denied to the premises occupied by the respondent or because the goods have been removed from those premises;

(ii)
any goods of which control has been taken are insufficient to satisfy the amount outstanding; or”;

(d)

in article 4 (Enforcement of specified debts)—

(i)

in paragraph (1), for “85 to 104 and 125” substitute “85 to 88 and 104”; and

(ii)

in paragraph (2), omit “123,” and “, 126”;

(e)

in article 5—

(i)

in paragraph (1), for “execution in the nature of a writ of fieri facias” substitute “control”; and

(ii)

in paragraph (2), for the words after “authority” substitute “to use the Schedule 12 procedure against the respondent’s goods (wherever they may be found in England and Wales) to recover the amount outstanding”;

(f)

in article 7—

(i)

in paragraph (1), for the words after “warrant of” substitute “control issued by it the total amount to be recovered, exclusive of fees for its execution”; and

(ii)

omit paragraph (2); and

(iii)

omit articles 9 to 17.

Annotations

Footnotes

f1: S.I. 1993/2073; amended by S.I. 2001/1386