Legislation – Tribunals, Courts and Enforcement Act 2007
SCHEDULE 13Taking control of goods: amendments
Inclosure Act 1773 (c. 81)
1
The Inclosure Act 1773 is amended as follows.
2
(1)
Section 4 (expenses how to be defrayed) is amended as follows.
(2)
For “levied by distress and sale of the goods and chattels of” substitute “recovered, by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), from”.
(3)
Omit the words from “rendering” to the end.
3
(1)
Section 16 (assessments to be levied for the improving of wastes where there are stinted commons) is amended as follows.
(2)
For “levied by distress and sale of the goods and chattels of” substitute “recovered, by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), from”.
(3)
Omit the words from “rendering” to the end.
Oaths Act 1775 (c. 39)
4
“In this Act references to making a distress include references to using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover a sum.”
Sale of Farming Stock Act 1816 (c. 50)
5
The Sale of Farming Stock Act 1816 ceases to have effect.
Judgments Act 1838 (c. 110)
6
In the Judgments Act 1838 omit section 12 (sheriff may seize money, banknotes, etc.).
Lands Clauses Consolidation Act 1845 (c. 18)
7
(1)
In section 91 of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands) for “levied by distress” substitute “recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods),”.
(2)
This paragraph extends only to England and Wales.
Inclosure Act 1845 (c. 118)
8
The Inclosure Act 1845 is amended as follows.
9
In section 151 (recovery of share of expenses) for “levied by distress” substitute “recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods).”
10
In section 159 (recovery of penalties and forfeitures) for the words from “to levy” to the end substitute “to recover such penalties and forfeitures by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods).”
Railways Clauses Act 1863 (c. 92)
11
The Railways Clauses Act 1863 is amended as follows.
12
“In this section as it applies in England and Wales—
- (a)
for “levied by distress” substitute “recovered using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”;
- (b)
for “warrant of distress” substitute “warrant of control”.”
13
“In this section as it applies in England and Wales for “warrant of distress” substitute “warrant of control”.”
Summary Jurisdiction (Process) Act 1881 (c. 24)
14
The Summary Jurisdiction (Process) Act 1881 is amended as follows.
15
In section 5 (provision as to execution of process) after “warrant of distress” in the first place insert “or warrant of control”.
16
In section 8 (definitions) after “warrant of distress,” insert “any warrant of control,”.
Bills of Sale Act (1878) Amendment Act 1882 (c. 43)
17
The Bills of Sale Act (1878) Amendment Act 1882 is amended as follows.
18
In section 7 (bill of sale with power to seize except in certain events to be void), in paragraph (2) after “distrained” insert “, or taken control of using the power in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,”.
19
In section 14 (bill of sale not to protect chattels against poor and parochial rates), after “warrant” insert “, or subject to a warrant of control,”.
Sheriffs Act 1887 (c. 55)
20
“(2A)
Subsection (2) does not apply to the execution of process under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods).”
Deeds of Arrangement Act 1914 (c. 47)
21
In section 17 of the Deeds of Arrangement Act 1914 (preferential payment to creditor an offence), after “by distress” insert “or by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods),”.
Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
22
(1)
Section 6 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (mode of enforcing orders) is amended as follows.
(2)
In subsection (3), after “distress” insert “, control”.
(3)
“(4)
For the purposes of its execution under subsection (3) in England and Wales, a warrant of distress has effect as a warrant of control.
(5)
For the purposes of its execution under subsection (3) elsewhere than in England and Wales, a warrant of control has effect as a warrant of distress.”
Agricultural Credits Act 1928 (c. 43)
23
In section 8 of the Agricultural Credits Act 1928 (supplemental provisions about agricultural charges), in subsection (7) after “distress for” insert “, or the exercise of a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover,”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
24
“using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods);”.
Agriculture (Miscellaneous Provisions) Act 1954 (c. 39)
25
In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954 (power of Agricultural Land Tribunal to award costs), in subsection (3) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Criminal Justice Act 1961 (c. 39)
26
“(1ZA)
In the definition of “default” in subsection (1) the reference to want of sufficient distress to satisfy a fine or other sum includes a reference to circumstances where—
(a)
there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine or other sum from a person, but
(b)
it appears, after an attempt has been made to exercise the power, that the person’s goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”
Compulsory Purchase Act 1965 (c. 56)
27
The Compulsory Purchase Act 1965 is amended as follows.
28
(1)
Section 13 (refusal to give possession to acquiring authority) is amended as follows.
(2)
In subsection (4) for “levied by distress” substitute “recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”.
(3)
Omit subsection (5).
29
Omit section 29 (irregularities in proceedings under the Act).
Criminal Justice Act 1967 (c. 80)
30
“(1A)
In the definition of “sentence of imprisonment” in subsection (1) the reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—
(a)
there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but
(b)
it appears, after an attempt has been made to exercise the power, that the person’s goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”
Sea Fisheries Act 1968 (c. 77)
31
In section 12 of the Sea Fisheries Act 1968 (recovery of fines imposed on master etc. or crew), in subsection (3)—
(a)
for “warrants of distress)” substitute “warrants), as they apply to warrants of the kinds mentioned there,”;
(b)
omit the words from “as they apply” to the end.
Taxes Management Act 1970 (c. 9)
32
The Taxes Management Act 1970 is amended as follows.
33
(1)
Section 61 (distraint by collectors) is amended as follows.
(2)
“—
(a)
in England and Wales, use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover that sum;
(b)
in Northern Ireland,”.
(3)
“(1A)
Subsections (2) to (6) apply to distraint under subsection (1)(b).”
34
“(4)
This section does not extend to England and Wales.”
Administration of Justice Act 1970 (c. 31)
35
In section 41 of the Administration of Justice Act 1970 (recovery of costs and compensation awarded by magistrates etc.) in subsection (3) for “writ of fieri facias” substitute “writ of control”.
Attachment of Earnings Act 1971 (c. 32)
36
In section 3 of the Attachment of Earnings Act 1971 (application for order and conditions of court’s power to make it), in subsection (4)(b), for “distress” substitute “taking control of goods”.
Criminal Justice Act 1972 (c. 71)
37
In section 66 of the Criminal Justice Act 1972 (interpretation etc.), in subsection (2) omit the words from ““sentence of imprisonment”” to the end.
Rehabilitation of Offenders Act 1974 (c. 53)
38
“(3A)
In subsection (3)(a), the reference to want of sufficient distress to satisfy a fine or other sum includes a reference to circumstances where—
(a)
there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine or other sum from a person, but
(b)
it appears, after an attempt has been made to exercise the power, that the person’s goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”
Patents Act 1977 (c. 37)
39
The Patents Act 1977 is amended as follows.
40
In section 41 (amount of compensation of employees), in subsection (9) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
41
In section 61 (proceedings for infringement of patent), in subsection (7)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
42
In section 93 (enforcement of orders for costs), in paragraph (a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
43
In section 107 (costs and expenses in proceedings before the comptroller), in subsection (2) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Customs and Excise Management Act 1979 (c. 2)
44
“(1A)
In subsection (1)(b) as it applies to a magistrates’ court in England or Wales the reference to default of sufficient distress to satisfy the amount of the penalty is a reference to want of sufficient goods to satisfy the amount, within the meaning given by section 79(4) of the Magistrates’ Courts Act 1980.”
Magistrates’ Courts Act 1980 (c. 43)
45
The Magistrates’ Courts Act 1980 is amended as follows.
46
(1)
Section 76 (enforcement of sums adjudged to be paid) is amended as follows.
(2)
In subsection (1) for “issue a warrant of distress for the purpose of levying the sum” substitute “issue a warrant of control for the purpose of recovering the sum”.
(3)
In subsection (2)(a)—
(a)
for “warrant of distress” substitute “warrant of control”;
(b)
for “satisfy the sum with the costs and charges of levying the sum” substitute “pay the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007”.
(4)
In subsection (2)(b) for “warrant of distress” substitute “warrant of control”.
47
In section 77 (postponement of issue of warrant), in subsection (1) for “warrant of distress” substitute “warrant of control”.
48
(1)
Section 79 (release from custody and reduction of detention on payment) is amended as follows.
(2)
In subsection (1)—
(a)
for “distress” in the first place substitute “goods”;
(b)
for “and distress” substitute “,or (as the case may be) on the payment of the amount outstanding,”.
(3)
In subsection (2)—
(a)
for “distress” in the first place substitute “goods”;
(b)
“—
(a)
to the amount outstanding at the time the period of detention was imposed, if the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) had been used for recovering the sum;
(b)
otherwise, to so much of the sum as was due at that time.”
(4)
“(4)
In this Act, references to want of sufficient goods to satisfy a sum of money are references to circumstances where—
(a)
a warrant of control has been issued for the sum to be recovered from a person, but
(b)
it appears on the return to the warrant that the person’s money and goods are insufficient to pay the amount outstanding.
(5)
In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”
49
In section 80 (application of money found on defaulter to satisfy sum adjudged), in subsection (2) for “distress” substitute “goods”.
50
In section 81 (enforcement of fines imposed on young offenders) in subsections (1) and (3) for “distress” substitute “goods”.
51
(1)
Section 82 (restriction on power to impose imprisonment for default) is amended as follows.
(2)
In subsection (3), for “distress” substitute “goods”.
(3)
In subsection (4A)(a), for “warrant of distress” substitute “warrant of control”.
52
In section 87 (enforcement of payment of fines by High Court and county court) in subsection (1) for “writ of fieri facias” substitute “writ of control”.
53
(1)
Section 87A (fines imposed on companies) is amended as follows.
(2)
In subsection (1)(b), for “warrant of distress” substitute “warrant of control”.
(3)
“(c)
it appears on the return to the warrant that the company’s money and goods are insufficient to pay the amount outstanding,”.
(4)
“(3)
In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”
54
In section 88 (supervision pending payment) in subsections (4) and (6) for “distress” substitute “goods”.
55
In section 96 (civil debt: complaint for non-payment), in subsection (1) for “distress” substitute “goods”.
56
In section 120 (forfeiture of recognizance), in subsection (4) for “warrant of distress” substitute “warrant of control”.
57
(1)
In section 125 (warrants) subsection (2) is amended as follows.
(2)
For “warrant of distress”, in the first place, substitute “warrant of control”.
(3)
Omit the words from “This subsection” to the end.
58
(1)
Section 125A (civilian enforcement officers) is amended as follows.
(2)
In subsection (3), for “distress” substitute “control”.
(3)
In subsection (3A), for “distress” substitute “control”.
(4)
In subsection (4), for “against whom distress is levied” substitute “, in the case of a warrant of control, against whom the warrant is issued”.
59
In section 125B (execution by approved enforcement agency), in subsection (4) for “against whom distress is levied” substitute “, in the case of a warrant of control, against whom the warrant is issued”.
60
In section 125CA (power to make disclosure order), in subsection (2) for “distress” substitute “control”.
61
(1)
Section 125D (execution by person not in possession of warrant) is amended as follows.
(2)
Omit subsection (3)(c).
(3)
In subsection (4), for “against whom distress is levied” substitute “, in the case of a warrant of control, against whom the warrant is issued”.
62
In section 133 (consecutive terms of imprisonment) in subsections (4) and (5) for “distress” substitute “goods”.
63
(1)
Section 150 (interpretation) is amended as follows.
(2)
In subsection (1) in the definitions of “impose imprisonment” and “sentence”, for “distress” substitute “goods”.
(3)
“(3A)
References in this Act to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4).”
64
Omit section 151.
65
In Schedule 4A (powers of authorised officers executing warrants), omit paragraph 3.
Supreme Court Act 1981 (c. 54)
66
(1)
Section 43ZA of the Supreme Court Act 1981 (power of High Court to vary committal in default) is amended as follows.
(2)
In subsection (1) for “distress” in both places substitute “goods”.
(3)
“(3)
In subsection (1) references to want of sufficient goods to satisfy a sum are references to circumstances where—
(a)
there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but
(b)
it appears, after an attempt has been made to exercise the power, that the person’s goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”
British Fishing Boats Act 1983 (c. 8)
67
In section 5 of the British Fishing Boats Act 1983 (recovery of fines), in subsection (3)—
(a)
for “warrants of distress)” substitute “warrants), as they apply to warrants of the kinds mentioned there,”;
(b)
omit the words from “as they apply” to the end.
County Courts Act 1984 (c. 28)
68
The County Courts Act 1984 is amended as follows.
69
(1)
Section 85 (execution of judgments or orders for payment of money) is amended as follows.
(2)
In subsection (1), for the words from “by execution” to the end substitute “under a warrant under subsection (2).”
(3)
In subsection (2)—
(a)
for “warrant of execution in the nature of a writ of fieri facias” substitute “warrant of control”;
(b)
for the words from “levy” to the end substitute “use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the money payable under the judgment or order.”
(4)
“(2A)
The person to whom a warrant under subsection (2) must be directed is to be determined in accordance with arrangements made by a person authorised by or on behalf of the Lord Chancellor.”
(5)
Omit subsection (3).
70
(1)
Section 86 (execution of orders for payment by instalments) is amended as follows.
(2)
In subsection (1) for “execution on the order” substitute “a warrant of control to recover any of that sum”.
(3)
In subsection (2)—
(a)
for “execution is to issue” substitute “a warrant of control is to be issued”;
(b)
for “execution may issue” substitute “a warrant of control may be issued”.
(4)
In subsection (3)—
(a)
for “execution or successive executions may issue” substitute “a warrant or successive warrants of control may be issued”;
(b)
for the words from “no execution” to “it issues” substitute “no warrant of control may be issued unless when it is issued”.
71
(1)
Section 87 (execution to be superseded on payment) is amended as follows.
(2)
In subsection (1)—
(a)
for “warrant of execution” substitute “warrant of control”;
(b)
for “levied” substitute “recovered”.
(3)
Omit subsection (2).
(4)
For the heading “Execution to be superseded on payment” substitute “Indorsement of amount on warrant”.
72
Omit sections 89 to 91.
73
“(3)
This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”
74
Omit sections 93 to 100.
75
“(4)
This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”
76
Omit sections 102 and 103.
77
In section 104 (information as to writs and warrants of execution) in subsection (2) for “A bailiff of a county court” substitute “The person to whom a warrant issued by a county court is directed”.
78
Omit section 123.
79
(1)
Section 124 (liability of bailiff for neglect to levy execution) is amended as follows.
(2)
In subsection (1)—
(a)
for the words from “a bailiff” to “the execution” substitute “a county court issues a warrant of execution, control, possession or delivery and the person to whom it is directed loses the opportunity of executing it”;
(b)
for “judge of that court” substitute “district judge”.
(3)
In subsection (2)—
(a)
for “the bailiff” substitute “that person”;
(b)
for “execution” substitute “warrant was”.
80
In section 125 (irregularity in executing warrants) in subsection (1) after “but” insert “, except in the case of a warrant of control (to which Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 applies),”.
81
(1)
Section 126 (actions against bailiffs acting under warrants) is amended as follows.
(2)
In subsection (3) omit the words from “but” to the end.
(3)
In subsection (4)—
(a)
after “section” insert ““bailiff” in relation to a warrant means the person to whom the warrant is directed, and”;
(b)
omit ““bailiff””;
(c)
for “a bailiff” substitute “that person”.
(4)
“(5)
This section does not apply to an action for anything done under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”
82
In section 147 (interpretation) in subsection (1) omit the definition of “bailiff”.
Finance Act 1984 (c. 43)
83
In the Finance Act 1984 omit section 16 (unpaid car tax and VAT: distress).
Gas Act 1986 (c. 44)
84
In paragraph 29 of Schedule 2B to the Gas Act 1986 (gas meters and fittings not to be subject to distress) in sub-paragraph (1)(a) after “liable” insert “to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or”.
Insolvency Act 1986 (c. 45)
85
““distress” includes use of the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, and references to levying distress, seizing goods and related expressions shall be construed accordingly;”.
Dartford-Thurrock Crossing Act 1988 (c. 20)
86
(1)
Section 15 of the Dartford-Thurrock Crossing Act 1988 (termination: supplementary provisions) is amended as follows.
(2)
In subsection (2)—
(a)
after “distress” in the first place insert “or any power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”;
(b)
after “levied” insert “or that power was exercised”.
(3)
In subsection (3) after “levied” insert “or the power there mentioned was exercisable”.
Local Government Finance Act 1988 (c. 41)
87
The Local Government Finance Act 1988 is amended as follows.
88
“62ARecovery by taking control of goods
Where a liability order has been made against a person under regulations under Schedule 9, the billing authority may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.”
89
(1)
Schedule 9 (non-domestic rating: administration) is amended as follows.
(2)
In paragraph 1 for “recovery” substitute “the recovery, otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods),”.
(3)
In paragraph 3—
(a)
omit sub-paragraph (2)(b);
(b)
in sub-paragraph (4)(b), after “method” in the second place insert “provided for in section 62A above or”.
Electricity Act 1989 (c. 29)
90
In paragraph 11 of Schedule 6 to the Electricity Act 1989 (electrical plant etc not to be liable to be taken in execution), in sub-paragraph (2)(b) after “liable” insert “to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or”.
Companies Act 1989 (c. 40)
91
In section 180 of the Companies Act 1989 (proceedings against market property by unsecured creditors) in subsection (1) after “levied,” insert “and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
New Roads and Street Works Act 1991 (c. 22)
92
(1)
Paragraph 3 of Schedule 1 to the New Roads and Street Works Act 1991 (recovery of property taken in distress etc.) is amended as follows.
(2)
In sub-paragraph (1)—
(a)
after “distress” in the first place insert “or under any power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”;
(b)
after “levied” insert “or that power was exercised”.
(3)
In sub-paragraph (2)—
(a)
For “This” substitute “Sub-paragraph (1)”;
(b)
after “levied” insert “or the power mentioned there was exercisable”.
Child Support Act 1991 (c. 48)
93
The Child Support Act 1991 is amended as follows.
94
(1)
Section 35 (enforcement of liability orders by distress) is amended as follows.
(2)
In the heading for “distress” substitute “taking control of goods”.
(3)
In subsection (1) for the words from “levy” to the end substitute “use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.”
(4)
Omit subsections (2) to (8).
95
In section 39A (commitment to prison and disqualification from driving), in subsection (1)(a), for “levy an amount by distress under this Act” substitute “recover an amount by virtue of section 35(1)”.
96
“(i)
the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and”.
97
“(a)
the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and”.
Water Industry Act 1991 (c. 56)
98
In section 179 of the Water Industry Act 1991 (vesting of works in undertaker), in subsection (4)(b) after “liable” insert “to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or”.
Water Resources Act 1991 (c. 57)
99
In Schedule 15 to the Water Resources Act 1991 (supplemental provisions with respect to drainage charges), in paragraph 12(2)(b) for “warrant of distress” substitute “warrant of control”.
Land Drainage Act 1991 (c. 59)
100
In section 54 of the Land Drainage Act 1991 (powers for enforcing payment of drainage rates), in subsection (2)(b) for “warrant of distress” substitute “warrant of control”.
Social Security Administration Act 1992 (c. 5)
101
The Social Security Administration Act 1992 is amended as follows.
102
In section 71 (overpayments: general), in subsection (10)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
103
In section 75 (overpayments of housing benefit), in subsection (7)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
104
(1)
Section 121A (recovery of contributions etc in England and Wales) is amended as follows.
(2)
In subsection (1)—
(a)
in paragraph (b) after “relates” insert “(“the sums due”)”;
(b)
for the words from “distrain” to the end substitute “use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the sums due”.
(3)
Omit subsections (2) to (8) and (10).
Local Government Finance Act 1992 (c. 14)
105
The Local Government Finance Act 1992 is amended as follows.
106
“(4)
Where a liability order has been made against a person under regulations under Schedule 4, the billing authority concerned may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.”
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)
“(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)
“(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)
“(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)
“(a)
the amount outstanding at the time when the warrant of commitment is issued; and”;
(d)
“(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).
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
108
Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition) is amended as follows.
109
(1)
Paragraph 19E is amended as follows.
(2)
In sub-paragraph (5) for “by execution issued from that court” substitute “under section 85 of the County Courts Act 1984”.
(3)
In sub-paragraph (6) for the words from the beginning to “carried out” substitute “Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (5), the power conferred by the warrant is exercisable”.
110
(1)
Paragraph 28 is amended as follows.
(2)
In sub-paragraph (6) for “by execution issued from that court” substitute “under section 85 of the County Courts Act 1984”.
(3)
In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable”.
111
(1)
Paragraph 120 is amended as follows.
(2)
In sub-paragraph (6) for “by execution issued from that court” substitute “under section 85 of the County Courts Act 1984”.
(3)
In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable”.
Railways Act 1993 (c. 43)
112
In section 27 of the Railways Act 1993 (transfer of franchise assets and shares), in subsection (6) after “levied” insert “and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 may be exercised”.
Finance Act 1994 (c. 9)
113
(1)
The Finance Act 1994 is amended as follows.
114
“10ABreaches of controlled goods agreements
(1)
This section applies where an enforcement agent acting under the power conferred by section 51(A1) of the Finance Act 1997 (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has entered into a controlled goods agreement with the person against whom the power is exercisable (“the person in default”).
(2)
In this section, “controlled goods agreement” has the meaning given by paragraph 13(4) of that Schedule.
(3)
Subject to subsection (4) below, if the person in default removes or disposes of goods (or permits their removal or disposal) in breach of the controlled goods agreement, he is liable to a penalty equal to half of the unpaid duty or other amount recoverable under section 51(A1) of the Finance Act 1997.
(4)
The person in default shall not be liable to a penalty under subsection (3) above if he satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the breach in question.
(5)
This section extends only to England and Wales.”
115
“(5)
This section extends only to Northern Ireland.”
116
(1)
Schedule 7 (insurance premium tax) is amended as follows.
(2)
“18A
(1)
This paragraph applies where an enforcement agent acting under the power conferred by section 51(A1) of the Finance Act 1997 (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has entered into a controlled goods agreement with the person against whom the power is exercisable (“the person in default”).
(2)
In this paragraph, “controlled goods agreement” has the meaning given by paragraph 13(4) of that Schedule.
(3)
Subject to sub-paragraph (4) below, if the person in default removes or disposes of goods (or permits their removal or disposal) in breach of the controlled goods agreement, he is liable to a penalty equal to half of the tax or other amount recoverable under section 51(A1) of the Finance Act 1997.
(4)
The person in default shall not be liable to a penalty under sub-paragraph (3) above if he satisfies the Commissioners or, on appeal, an appeal tribunal, that there is a reasonable excuse for the breach in question.
(5)
This paragraph extends only to England and Wales.”
(3)
“(5)
This paragraph extends only to Northern Ireland.”
Value Added Tax Act 1994 (c. 23)
117
The Value Added Tax Act 1994 is amended as follows.
118
In section 48 (VAT representatives), in subsection (7A) after “enforcement” insert “by taking control of goods or, in Northern Ireland,”.
119
“67ABreach of controlled goods agreement
(1)
This section applies where an enforcement agent acting under the power conferred by section 51(A1) of the Finance Act 1997 (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has entered into a controlled goods agreement with the person against whom the power is exercisable (“the person in default”).
(2)
In this section, “controlled goods agreement” has the meaning given by paragraph 13(4) of that Schedule.
(3)
Subject to subsection (4) below, if the person in default removes or disposes of goods (or permits their removal or disposal) in breach of the controlled goods agreement, he is liable to a penalty equal to half of the VAT or other amount recoverable under section 51(A1) of the Finance Act 1997.
(4)
The person in default shall not be liable to a penalty under subsection (3) above if he satisfies the Commissioners or, on appeal, a tribunal that there is a reasonable excuse for the breach in question.
(5)
This section extends only to England and Wales.”
120
“(5)
This section extends only to Northern Ireland.”
Pensions Act 1995 (c. 26)
121
In section 10 of the Pensions Act 1995 (civil penalties), in subsection (8A)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Finance Act 1996 (c. 8)
122
Schedule 5 to the Finance Act 1996 (landfill tax) is amended as follows.
123
“Controlled Goods Agreements
23A
(1)
This paragraph applies where an enforcement agent acting under the power conferred by section 51(A1) of the Finance Act 1997 (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has entered into a controlled goods agreement with the person against whom the power is exercisable (“the person in default”).
(2)
In this paragraph, “controlled goods agreement” has the meaning given by paragraph 13(4) of that Schedule.
(3)
If the person in default removes or disposes of goods (or permits their removal or disposal) in breach of the controlled goods agreement, he is liable to a penalty equal to half of the tax or other amount recoverable under section 51(A1) of the Finance Act 1997.
(4)
The person in default shall not be liable to a penalty under sub-paragraph (3) above if he satisfies the Commissioners or, on appeal, an appeal tribunal, that there is a reasonable excuse for the breach in question.
(5)
This paragraph extends only to England and Wales.”
124
“(4)
This paragraph extends only to Northern Ireland.”
Employment Tribunals Act 1996 (c. 17)
125
In section 15 of the Employment Tribunals Act 1996 (enforcement), in subsection (1) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Finance Act 1997 (c. 16)
126
(1)
Section 51 of the Finance Act 1997 (enforcement by distress) is amended as follows.
(2)
“A1
The Commissioners may, in England and Wales, use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover any of these that a person refuses or neglects to pay—
(a)
any amount of relevant tax due from him;
(b)
any amount recoverable as if it were relevant tax due from him.”
(3)
In subsection (1) after “by regulations” insert “not having effect in England and Wales or Scotland”.
(4)
Omit subsection (7).
Social Security (Recovery of Benefits) Act 1997 (c. 27)
127
In section 7 of the Social Security (Recovery of Benefits) Act 1997 (recovery of payments due under section 6), in subsection (4) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
National Minimum Wage Act 1998 (c. 39)
128
In section 21 of the National Minimum Wage Act 1998 (financial penalty for non-compliance), in subsection (5)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Road Traffic (NHS Charges) Act 1999 (c. 3)
129
In section 5 of the Road Traffic (NHS Charges) Act 1999 (recovery of NHS charges), in subsection (4) (so far as it continues to have effect) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Greater London Authority Act 1999 (c. 29)
130
In section 216 of the Greater London Authority Act 1999 (protection of key system assets), in subsection (4) after “levied” insert “and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
131
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
132
(1)
Section 78 (limit on magistrates’ courts’ power to impose imprisonment etc.) is (until its repeal by the Criminal Justice Act 2003 (c. 44) comes into force) amended as follows.
(2)
In subsection (4) for “distress” substitute “goods”.
(3)
“(4A)
In subsection (4) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—
(a)
there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, but
(b)
it appears, after an attempt has been made to exercise the power, that the person’s goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”
133
(1)
Section 163 (general definition) is amended as follows.
(2)
The existing words become subsection (1).
(3)
“(2)
In the definition of “sentence of imprisonment” in subsection (1) the reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—
(a)
there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but
(b)
it appears, after an attempt has been made to exercise the power, that the person’s goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”
Financial Services and Markets Act 2000 (c. 8)
134
In Schedule 17 to the Financial Services and Markets Act 2000 (the ombudsman scheme), in paragraph 16(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Finance Act 2000 (c. 17)
135
Schedule 6 to the Finance Act 2000 (climate change levy) is amended as follows.
136
“Controlled goods agreements
89A
(1)
This paragraph applies where an enforcement agent acting under the power conferred by section 51(A1) of the Finance Act 1997 (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has entered into a controlled goods agreement with the person against whom the power is exercisable (“the person in default”).
(2)
In this paragraph, “controlled goods agreement” has the meaning given by paragraph 13(4) of that Schedule.
(3)
Subject to sub-paragraph (4), if the person in default removes or disposes of goods (or permits their removal or disposal) in breach of the controlled goods agreement, he is liable to a penalty equal to half of the levy or other amount recoverable under section 51(A1) of the Finance Act 1997.
(4)
The person in default shall not be liable to a penalty under sub-paragraph (3) above if he satisfies the Commissioners or, on appeal, an appeal tribunal, that there is a reasonable excuse for the breach in question.
(5)
This paragraph extends only to England and Wales.”
137
“(5)
This paragraph extends only to Northern Ireland.”
Postal Services Act 2000 (c. 26)
138
“(ba)
in England and Wales, being taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,”.
Finance Act 2001 (c. 9)
139
Schedule 5 to the Finance Act 2001 (aggregates levy: recovery and interest) is amended as follows.
140
“Controlled goods agreements
14A
(1)
This paragraph applies where an enforcement agent acting under the power conferred, by virtue of paragraph 14 above, by section 51(A1) of the Finance Act 1997 (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has entered into a controlled goods agreement with the person against whom the power is exercisable (“the person in default”).
(2)
In this paragraph, “controlled goods agreement” has the meaning given by paragraph 13(4) of that Schedule.
(3)
Subject to sub-paragraph (4), if the person in default removes or disposes of goods (or permits their removal or disposal) in breach of the controlled goods agreement, he is liable to a penalty equal to half of the levy or other amount recoverable under section 51(A1) of the Finance Act 1997.
(4)
The person in default shall not be liable to a penalty under sub-paragraph (3) above if he satisfies the Commissioners or, on appeal, an appeal tribunal, that there is a reasonable excuse for the breach in question.
(5)
This paragraph extends only to England and Wales.”
141
“(5)
This paragraph extends only to Northern Ireland.”
Proceeds of Crime Act 2002 (c. 29)
142
The Proceeds of Crime Act 2002 is amended as follows.
143
In section 58 (restraint orders: restrictions), in subsection (2) after “levied” insert “, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
144
In section 59 (enforcement receivers: restrictions), in subsection (2) after “levied” insert “, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
145
In section 60 (Director’s receivers: restrictions), in subsection (2) after “levied” insert “, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
146
In section 253 (interim receiving orders: restriction on proceedings and remedies) in subsection (1)(b) after “levied” insert “, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
Finance Act 2003 (c. 14)
147
(1)
Schedule 12 to the Finance Act 2003 (stamp duty land tax: collection and recovery of tax) is amended as follows.
(2)
“Recovery of tax by taking control of goods
1A
In England and Wales, if a person neglects or refuses to pay the sum charged, the collector may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the sum.”
(3)
In paragraph 2(1) omit “England and Wales or”.
Courts Act 2003 (c. 39)
148
The Courts Act 2003 is amended as follows.
149
In Part 9 of Schedule 5 (operation of collection orders after increase imposed), in paragraph 38(1)(a), for “warrant of distress” substitute “warrant of control”.
150
In Schedule 6 (discharge of fines by unpaid work), in paragraph 2(1)(a)(i), for “warrant of distress” substitute “warrant of control”.
151
(1)
Schedule 7 (High Court writs of execution) is amended as follows.
(2)
“(1A)
But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule.”
(3)
“6
(1)
Paragraph 7 applies to any writ of execution against goods which is issued from the High Court.
(2)
Paragraphs 8 to 11—
(a)
do not apply to any writ that confers power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, but
(b)
apply to any other writ of execution against goods which is issued from the High Court.”
(4)
Omit paragraph 8(5).
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
152
In section 155 of the Health and Social Care (Community Health and Standards) Act 2003 (recovery of NHS charges), in subsection (7) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Criminal Justice Act 2003 (c. 44)
153
The Criminal Justice Act 2003 is amended as follows.
154
(1)
Section 154 (general limit on magistrates’ power to impose imprisonment) is amended as follows.
(2)
In subsections (4) and (6) for “distress” substitute “goods”.
(3)
“(8)
In this section references to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4) of the Magistrates’ Courts Act 1980.”
155
“(1A)
In the definition of “sentence of imprisonment” in subsection (1) the reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—
(a)
there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but
(b)
it appears, after an attempt has been made to exercise the power, that the person’s goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”
Traffic Management Act 2004 (c. 18)
156
In the Traffic Management Act 2004 omit—
(a)
section 82(3)(a);
(b)
section 83.
Income Tax Act 2007 (c. 3)
157
In section 955(4) of the Income Tax Act 2007 (proceedings before set-off claim is made) after “attachment” insert “or under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”.