Legislation – Tribunals, Courts and Enforcement Act 2007

Tribunals, Courts and Enforcement Act 2007, Paragraph 107 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 13 Paragraph 107:

s. 13(8)(bza) inserted by 2022 c. 36 s. 23(2)
s. 13(8)(bzb) inserted by 2022 c. 36 s. 24(9)
s. 16(3)(a) word inserted by 2015 c. 2 s. 85(3)(a)
s. 16(3)(b) and word inserted by 2015 c. 2 s. 85(3)(b)
s. 16(3A)(3B) inserted by 2015 c. 2 s. 85(4)
s. 22(6) inserted by 2022 c. 35 Sch. 4 para. 4(2)
s. 23(8) inserted by 2022 c. 35 Sch. 4 para. 4(3)
s. 25A inserted by 2022 c. 36 s. 80(1)
s. 29(3A) inserted by 2022 c. 36 s. 81(6)
Sch. 5 para. 11A and cross-heading inserted by 2022 c. 36 s. 80(2)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 13(8)(bza) inserted by 2022 c. 36 s. 23(2)
s. 13(8)(bzb) inserted by 2022 c. 36 s. 24(9)
s. 16(3)(a) word inserted by 2015 c. 2 s. 85(3)(a)
s. 16(3)(b) and word inserted by 2015 c. 2 s. 85(3)(b)
s. 16(3A)(3B) inserted by 2015 c. 2 s. 85(4)
s. 22(6) inserted by 2022 c. 35 Sch. 4 para. 4(2)
s. 23(8) inserted by 2022 c. 35 Sch. 4 para. 4(3)
s. 25A inserted by 2022 c. 36 s. 80(1)
s. 29(3A) inserted by 2022 c. 36 s. 81(6)
Sch. 5 para. 11A and cross-heading inserted by 2022 c. 36 s. 80(2)

SCHEDULES

SCHEDULE 13Taking control of goods: amendments

Local Government Finance Act 1992 (c. 14)

107 (1)

Schedule 4 (enforcement: England and Wales) is amended as follows.

(2)

In paragraph 1(1) and (2) after “recovery” insert “
, otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods),
”.

(3)

In paragraph 5 (attachment of earnings etc)—

(a)

in sub-paragraph (1A)(a) for “; and” substitute “
(unless paragraph (b) applies);
”;

(b)

in sub-paragraph (1A)(b) for sub-paragraph (i) and the words before it substitute—

“(b)

where a person authorised to act under the power conferred by section 14(4)
(power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding—

(i)

the amount outstanding at the time when the attachment of earnings order is made, and”;

(c)

at the end insert—

“(9)

In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

(4)

Omit paragraph 7 (distress).

(5)

In paragraph 8 (commitment to prison)—

(a)

in sub-paragraph (1)(a)—

(i)

omit the words from “an authority” to “paragraph 7 above”;

(ii)

for the words from “the person” to “levy the amount” substitute “
there are insufficient goods to satisfy an amount under section 14(4)
”;

(b)

after sub-paragraph (1) insert—

“(1A)

In sub-paragraph (1) the reference to insufficient goods to satisfy an amount under section 14(4) is a reference to circumstances where a person authorised to act under the power conferred by section 14(4)
(power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding.”;

(c)

for sub-paragraph (2)(a) substitute—

“(a)

the amount outstanding at the time when the warrant of commitment is issued; and”;

(d)

at the end insert—

“(4)

In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

(6)

In paragraph 12 (relationship between remedies) in sub-paragraph (1)—

(a)

omit paragraph (c);

(b)

in paragraph (d), for “distress” substitute “
the power conferred by section 14(4)
”;

(c)

in paragraph (e), for “distress” substitute “
exercise of the power conferred by section 14(4)
”;

(d)

in paragraph (f), for “distress” substitute “
exercise of the power conferred by section 14(4)
”.

(7)

Omit paragraph 19 (3).