PRACTICE DIRECTION 84 - ENFORCEMENT BY TAKING CONTROL OF GOODS
See also Part 84
| Contents of this Practice Direction | |
| Title | Number |
| Interrelationship of rules on taking control of goods with other legislation | Para. 1. |
| Documents to accompany application for issue of a certificate | Para. 2.1 |
| Application for issue of a certificate | Para. 2.2 |
Interrelationship of rules on taking control of goods with other legislation
1.1
The provisions in this Practice Direction and Part 84 on taking control of goods are closely linked to, and need to be read with—
(1) Part 3 of and Schedule 12 to the Tribunals Courts and Enforcement Act 2007 (The Act), which can be found at www.justice.gov.uk/courts/procedure-rules/;
(2) the Taking Control of Goods Regulations 2013, which can be found at www.justice.gov.uk/courts/procedure-rules; and
(3) the Taking Control of Goods (Fees) Regulations 2013, which can be found at www.justice.gov.uk/courts/procedure-rules.
1.2
Part 83 – Writs and warrants – General provisions, is also relevant and contains provisions relating to writs and warrants of control and also other forms of writ and warrant that confer a power to use the procedure in Schedule 12 to the Act.
1.3
A flow chart providing guidance and setting out the interrelationship between these Rules, the 2007 Act and the Taking Control of Goods Regulations 2013 can be found at www.justice.gov.uk/courts/procedure-rules.
Part 84 – Section IV – Proceedings in relation to certificates under section 64 of the 2007 Act
Rule 84.18 – Documents to accompany application for issue of a certificate
2.1
(1) The application for the issue of a certificate must state the applicant’s name (and employer, if any), and be accompanied by the following—
(a) two references, of which—
(i) one may be from the applicant’s employer or an approved officer of the Civil Enforcement Association or of the High Court Enforcement Officers’ Association; and
(ii) one must deal with the applicant’s knowledge of the law and procedure relating to powers of enforcement by taking control of goods and commercial rent arrears recovery, and the applicant’s experience of, and conduct in, exercising such powers;
(b) a certified copy of the result of a search (which must be no more than one month old) of the Register of judgments, orders, fines and tribunal decisions against—
(i) the applicant’s full name; and
(ii) the applicant’s home and business addresses for the last six years;
(c) two passport sized photographs of the applicant (one to be retained on the court file and the other to be affixed to the certificate if issued);
(d) a copy (which must conform to the design and layout prescribed in the Schedule to the Certification Regulations and be on paper of durable quality and in a clear and legible printed or typewritten form with a font size no less than 10 point) of each of the following forms required by the TCG Regulations and intended to be used by the applicant when exercising powers of taking control of goods or commercial rent arrears recovery—
(i) notice of enforcement (required by Regulation 7);
(ii) controlled goods agreement (required by Regulation 15);
(iii) warning of immobilisation (required by Regulation 16(3));
(iv) notice of re-entry (required by Regulation 26);
(v) notice after entry or taking control of goods on a highway and inventory of goods taken into control (required by Regulation 30);
(vi) notice of removal for storage or sale (required by Regulation 32);
(vii) inventory of goods (required by Regulation 33);
(viii) notice of sale (required by Regulation 39);
(ix) notice of abandonment (required by Regulation 47(3));
(e) proof that the applicant—
(i) has achieved at least a qualification on Taking Control of Goods at (or above) Level 2 of the Qualifications and Credit Framework or equivalent as determined by a nationally accredited awarding body; or
(ii) has been authorised to act as an enforcement officer in accordance with the High Court Enforcement Officers Regulations 2004.
(2) In addition, the applicant must produce to the court on the date of the hearing—
(a) a certified copy of a—
(i) criminal conviction certificate;
(ii) criminal record certificate; or
(iii) enhanced criminal record certificate
issued pursuant to Part V of the Police Act 1997 and which is not more than one month old;
(b) written evidence of the lodging by way of bond of the security required by regulation 6 of the Certification Regulations.
Rule 84.18 – Application for issue of a certificate
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