OpenLegislation

Paragraph 66 I1C1

England and Wales

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

(1)

This paragraph applies where an enforcement agent—

(a)

breaches a provision of this Schedule, or

(b)

acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)

The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)

But the debtor may bring proceedings under this paragraph.

(4)

Subject to rules of court, the proceedings may be brought—

(a)

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

(b)

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

(c)

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

(5)

In the proceedings the court may—

(a)

order goods to be returned to the debtor;

(b)

order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)

A related party is either of the following (if different from the enforcement agent)—

(a)

the person on whom the enforcement power is conferred,

(b)

the creditor.

(7)

Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)

Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)

that he was not breaching a provision of this Schedule, or

(b)

(as the case may be) that the instrument was not defective.

(9)

This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).

Annotations

Textual amendments

F1

Words in Sch. 12 para. 66(4) 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)

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. 66 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)