Commentary on Sections Schedule 14: Deployment of the judiciary Section 25: Enforcement by taking control of goods
422.Section 25 amends Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). Schedule 12 makes provision for a codified procedure of “taking control of goods” to be followed by enforcement agents when seizing goods and will replace the existing law relating to the powers of bailiffs in this respect.
423.Subsections (2) and (3) insert new paragraph 18A(1) into Schedule 12 to the 2007 Act. New paragraph 18A(1) provides a general power, which replaces existing uncodified powers, to use reasonable force (but not against the person) to enter commercial premises to enforce High Court and county court debts pursuant to a writ or warrant of control.
424.Subsection (4) (together with subsection (2)) inserts new paragraph 19A(1) into Schedule 12 of the 2007 Act. New paragraph 19A(1) provides for a general power, which replaces existing uncodified powers, to use reasonable force (but not against the person) to secure re-entry to all premises without a court warrant (or further warrant) providing the conditions detailed in new paragraph 19A(1) are met.
425.Subsection (5) removes the power for regulations to prescribe circumstances in which force against the person may be used, so that force against the person may not now be permitted. Subsection (8) is consequential on the removal of the power to authorise the use of force against a person, and clears away references to the power which is being removed.
426.Subsections (6) and (7) amend the current definition of the “abandonment” of goods. This would mean that goods unsold at auction would no longer be deemed abandoned and would not further require the enforcement agent to “take control” of them again.
427.Subsection (9) makes updating amendments to Schedule 13 to the 2007 Act.