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Paragraph 59 I1C1

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

(1)

This paragraph applies if a further step is taken despite paragraph 58(3).

(2)

The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

(3)

Sub-paragraph (2) applies to a related party as to the enforcement agent.

(4)

If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

(5)

A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.

(6)

Sub-paragraphs (2) to (4) do not affect any right of the debtor or a co-owner to a remedy against any person other than the enforcement agent or a related party.

(7)

In this paragraph, “related party” has the meaning given by paragraph 65(4).

Annotations

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

Commencement

I1

Sch. 12 para. 59 in force at 6.4.2014 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)

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)