OpenLegislation

Paragraph 60

England and Wales

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

I1(1)

This paragraph applies where a person makes an application to the court claiming that goods taken control of are his and not the debtor's.

(2)

After receiving notice of the application the enforcement agent must not sell the goods, or dispose of them (in the case of securities), unless directed by the court under this paragraph.

(3)

The court may direct the enforcement agent to sell or dispose of the goods if the applicant fails to make, or to continue to make, the required payments into court.

I2I3(4)

The required payments are—

(a)

payment on making the application (subject to sub-paragraph (5)) of an amount equal to the value of the goods, or to a proportion of it directed by the court;

(b)

payment, at prescribed times (on making the application or later), of any amounts prescribed in respect of the enforcement agent's costs of retaining the goods.

(5)

If the applicant makes a payment under sub-paragraph (4)(a) but the enforcement agent disputes the value of the goods, any underpayment is to be—

(a)

determined by reference to an independent valuation carried out in accordance with regulations, and

(b)

paid at the prescribed time.

(6)

If sub-paragraph (3) does not apply the court may still direct the enforcement agent to sell or dispose of the goods before the court determines the applicant's claim, if it considers it appropriate.

(7)

If the court makes a direction under sub-paragraph (3) or (6)—

(a)

paragraphs 38 to 49, and regulations under them, apply subject to any modification directed by the court;

(b)

the enforcement agent must pay the proceeds of sale or disposal into court.

(8)

In this paragraph “the court”, subject to rules of court, means—

(a)

the High Court, in relation to an enforcement power under a writ of the High Court;

(b)

F1the county court, in relation to an enforcement power under a warrant issued by the county court;

(c)

in any other case, the High Court or the county court.

Annotations

Textual amendments

F1

Words in Sch. 12 para. 60(8) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement

I1

Sch. 12 para. 60(1)-(3) (6)-(8) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I2

Sch. 12 para. 60(4)(5) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxx)

I3

Sch. 12 para. 60(4)(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