20. Goods in a public place
Past version: effective from 17/12/2015 - 16/12/2015
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(1) If the enforcement agent applies to the Court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods in a public place.
(2) The Court may not issue a warrant unless it is satisfied that prescribed conditions are met.
(3) The warrant may require any law enforcement officer to assist the enforcement agent to execute it.
(4) The power to use force is subject to any restriction imposed by or under rules.
(5) The power to use force does not include power to use force against persons.
(6) The enforcement agent may not exercise any power under this Schedule 1 in a public place except within prescribed times of day.
(7) Rules may give the Court power in prescribed circumstances to authorise him to exercise a power at other times.
(8) The authorisation may be subject to conditions.
(9) If the enforcement agent takes control of goods in a public place or enters a vehicle on a highway or a public place with the intention of taking control of goods, he must provide a notice for the debtor giving information about what he is doing.
(10) Rules must state —
(a) the form of the notice;
(b) what information it must give.
(11) If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then.
(12) Otherwise the enforcement agent must deliver the notice to any relevant premises (as defined by paragraph 12 (entry without warrant)) in a sealed envelope addressed to the debtor.