SCHEDULES

SCHEDULE 13Taking control of goods: amendments

Magistrates' Courts Act 1980 (c. 43)

I145

The Magistrates' Courts Act 1980 is amended as follows.

I246

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 ”.

I347

In section 77 (postponement of issue of warrant), in subsection (1) for “warrant of distress” substitute “ warrant of control ”.

I448

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.

I549

In section 80 (application of money found on defaulter to satisfy sum adjudged), in subsection (2) for “distress” substitute “ goods ”.

I650

In section 81 (enforcement of fines imposed on young offenders) in subsections (1) and (3) for “distress” substitute “ goods ”.

I751

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 ”.

I852

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 ”.

I953

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.

I1054

In section 88 (supervision pending payment) in subsections (4) and (6) for “distress” substitute “ goods ”.

I1155

In section 96 (civil debt: complaint for non-payment), in subsection (1) for “distress” substitute “ goods ”.

I1256

In section 120 (forfeiture of recognizance), in subsection (4) for “warrant of distress” substitute “ warrant of control ”.

I1357

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.

I1458

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 ”.

I1559

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 ”.

I1660

In section 125CA (power to make disclosure order), in subsection (2) for “distress” substitute “ control ”.

I1761

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 ”.

I1862

In section 133 (consecutive terms of imprisonment) in subsections (4) and (5) for “distress” substitute “ goods ”.

I1963

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).

I2064

Omit section 151.

I2165

In Schedule 4A (powers of authorised officers executing warrants), omit paragraph 3.