Paragraph 41
The sale must be by public auction unless the court orders otherwise.
The court may make an order only on an application by the enforcement agent.
In an application for an order under sub-paragraph (2) the enforcement agent must state whether he has reason to believe that an enforcement power has become exercisable by another creditor against the debtor or a co-owner.
If the enforcement agent states that he does, the court may not consider the application until notice of it has been given to the other creditor in accordance with regulations (or until the court is satisfied that an enforcement power is not exercisable by the other creditor against the debtor or a co-owner).
Annotations
Commencement
- I1
Sch. 12 para. 41(1)(2)(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
- I2
Sch. 12 para. 41(3)(5) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxi)
- I3
Sch. 12 para. 41(3)(5) 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