Paragraph 64 I1C1
Any liability of an enforcement agent or related party to a lawful claimant for paying over proceeds is excluded except in two cases.
The first exception is where at the time of the payment he had notice that the goods were not the debtor's, or not his alone.
The second exception is where before that time the lawful claimant had made an application to the court claiming an interest in the goods.
A lawful claimant in relation to goods is a person who has an interest in them at the time of sale.
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. 64 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)