42. Limitation of liability for sale or payment of proceeds

(1) Any liability of an enforcement agent or related party to a lawful claimant for the sale of controlled goods is excluded except in two cases.
(2) The first exception is where, at the time of the sale, the enforcement agent had notice that the goods were not the debtor's, or not his alone.
(3) The second exception is where, before the sale, the lawful claimant had made an application to the Court claiming an interest in the goods.
(4) A lawful claimant in relation to goods is a person who has an interest in them at time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.
(5) Any liability of an enforcement agent or related party to a lawful claimant for paying over proceeds is excluded except in two cases.
(6) The first exception is where, at the time of the payment, he had notice that the goods were not the debtor's, or not his alone.
(7) The second exception is where, before that time, the lawful claimant had made an application to the court claiming an interest in the goods.
(8) A lawful claimant in relation to goods is a person who has an interest in them at the time of sale.
(9) Sub-paragraphs (1) to (8) —
(a) do not affect the liability of a person other than the enforcement agent or a related party;
(b) do not apply to the creditor if he is the enforcement agent.
(10) The following apply for the purposes of this paragraph.
(11) The enforcement agent or a related party has notice of something if he would have found it out if he had made reasonable enquiries.
(12) A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent.
(13) "The Court" has the same meaning as in paragraph 39.