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Paragraph 31

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

I1(1)

If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods on a highway.

I2I3(2)

The court may not issue a warrant unless it is satisfied that prescribed conditions are met.

(3)

The warrant may require any constable to assist the enforcement agent to execute it.

(4)

The power to use force is subject to any restriction imposed by or under regulations.

(5)

The power to use force does not include power to use force against personsF1....

Annotations

Textual amendments

F1

Words in Sch. 12 para. 31(5) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 25(5), 61(3); S.I. 2013/1725, art. 2(d)

Commencement

I1

Sch. 12 para. 31(1)(3)(5) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I2

Sch. 12 para. 31(2)(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xiii)

I3

Sch. 12 para. 31(2)(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Notes on Schedule 12

Modifications

C1

Sch. 12 applied (prosp.) by Finance Act 2008 (c. 9), ss. 127(2), 129(4)

C2

Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3

C3

Sch. 12 applied by S.I. 2013/2605, art. 21K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 8)

C4

Sch. 12 applied by S.I. 2014/1893, art. 34K(1) (as inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 20)

Notes on Part 2

Modifications

C1

Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3