Office of Public Sector Information
Section 62(3)
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.
4 In the Oaths Act 1775 (justices to administer oaths for levying penalties etc.) at the end insert—
“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.”
5 The Sale of Farming Stock Act 1816 ceases to have effect.
6 In the Judgments Act 1838 omit section 12 (sheriff may seize money, banknotes, etc.).
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.
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).”
11 The Railways Clauses Act 1863 is amended as follows.
12 In section 33 (recovery of money by distress) at the end insert—
“In this section as it applies in England and Wales—
for “levied by distress” substitute “recovered using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”;
for “warrant of distress” substitute “warrant of control”.”
13 In section 34 (several names in one warrant) at the end insert—
“In this section as it applies in England and Wales for “warrant of distress” substitute “warrant of control”.”
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,”.
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,”.
20 In section 20 of the Sheriffs Act 1887 (fees and poundage), after subsection (2) insert—
“(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).”
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),”.
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) After subsection (3) insert—
“(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.”
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,”.
24 In section 2 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (general restrictions on execution and other remedies), in subsection (2)(a) after “the levying of distress;” insert—
“using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods);”.
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”.
26 In section 39 of the Criminal Justice Act 1961 (interpretation) after subsection (1) insert—
“(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).”
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).
30 In section 104 of the Criminal Justice Act 1967 (general provisions as to interpretation) after subsection (1) insert—
“(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).”
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.
32 The Taxes Management Act 1970 is amended as follows.
33 (1) Section 61 (distraint by collectors) is amended as follows.
(2) In subsection (1), after “the collector may” insert “—
(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) After subsection (1) insert—
“(1A) Subsections (2) to (6) apply to distraint under subsection (1)(b).”
34 In section 62 (priority of claim for tax) at the end insert—
“(4) This section does not extend to England and Wales.”
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”.
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”.
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.
38 In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions) after subsection (3) insert—
“(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).”
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”.
44 In section 149 of the Customs and Excise Management Act 1979 (non-payment of penalties etc: maximum terms of imprisonment) after subsection (1) insert—
“(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.”
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) for the words from “to so much of the said sum” to the end substitute “—
(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) After subsection (3) insert—
“(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) For subsection (1)(c) substitute—
“(c) it appears on the return to the warrant that the company’s money and goods are insufficient to pay the amount outstanding,”.
(4) At the end insert—
“(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) After subsection (3) insert—
“(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.
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) After subsection (2) insert—
“(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).”
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.
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) After that subsection insert—
“(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 In section 92 (penalty for rescuing goods seized), after subsection (2) insert—
“(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 In section 101 (interpleader by district judge), after subsection (3) insert—
“(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) After subsection (4) insert—
“(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”.
83 In the Finance Act 1984 omit section 16 (unpaid car tax and VAT: distress).
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”.
85 In section 436 of the Insolvency Act 1986 (expressions used generally) insert in the appropriate place—
““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;”.
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”.
87 The Local Government Finance Act 1988 is amended as follows.
88 After section 62 insert—
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”.
Tribunals, Courts and Enforcement Act 2007