SI 2026/366 - The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. STATUTORY INSTRUMENTS 2026 No. 366 ENFORCEMENT, ENGLAND AND WALES TAKING CONTROL OF GOODS The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 Made - - - - 24th March 2026 Laid before Parliament 26th March 2026 Coming into force - - 1st May 2026 The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 90 of, and paragraphs 7(2) and 62 of Schedule 12 to, the Tribunals, Courts and Enforcement Act 2007(1). Citation, commencement, extent and saving provision 1.—(1) These Regulations may be cited as the Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 and come into force on 1st May 2026. (2) These Regulations extend to England and Wales. (3) Nothing in these Regulations affects any enforcement action taken prior to the coming into force of these Regulations. Amendments to the Taking Control of Goods Regulations 2013 2.—(1) The Taking Control of Goods Regulations 2013(2) are amended as follows. (2) In regulation 2 (general interpretation)— (a) after the definition of “creditor” insert— ““debt advice provider” has the meaning given in regulation 3 of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020(3);”; (b) after the definition of “net unpaid rent” insert— (1) 2007 c. 15. Section 90 was amended by section 25(8) of the Crime and Courts Act 2013 (c. 22). (2) S.I. 2013/1894, amended by S.I. 2020/451, 2020/614 and 2020/1002. (3) S.I. 2020/1311.Document Generated: 2026-05-01 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. ““non-eligible business debt” has the meaning given in regulation 5(6)(d) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020;”. (3) In regulation 6 (minimum period of notice)— (a) In paragraph (1)— (i)for “paragraph (3)” substitute “paragraphs (1A) and (3)”, and (ii)for “7 clear days” substitute “14 clear days”. (b) After paragraph (1) insert— “(1A) Where, before the expiration of the period of notice indicated in the notice of enforcement, a request is submitted by a debt advice provider on behalf of the debtor, the minimum period of notice referred to in paragraph (1) must be extended to a minimum of 28 clear days before the enforcement agent takes control of the goods. (1B) The extension under paragraph (1A) does not apply where the debt is non-eligible business debt.”. (c) In paragraph (2), for “paragraph (1)” substitute “paragraph (1) or (1A)”. (d) In paragraph (3), after “period of notice” insert “than those set out in paragraphs (1) and (1A)”. (4) In regulation 7 (form and contents of notice)— (a) at the end of paragraph (g) omit “and”; (b) after paragraph (h) insert— “(i) the availability of free advice from a debt advice provider and the contact details for such providers; and (j) the possibility of obtaining an extension of the minimum notice period under regulation 6(1A).”. Amendments to the Taking Control of Goods (Fees) Regulations 2014 3.—(1) The Taking Control of Goods (Fees) Regulations 2014(4) are amended as follows. (2) In regulation 2 (interpretation), after the definition of “proceeds” insert— ““repayment arrangement” has the meaning given by regulation 9(2) of the Taking Control of Goods Regulations 2013;”. (3) In regulation 4(5) (recovery of fees for enforcement-related services from the debtor)— (a) before sub-paragraph (a) insert— “(aa) Where no initial contact is established during the first attendance at the premises, the enforcement agent will not proceed to the second enforcement stage until the debtor has been given another opportunity to make payment in full or enter into a repayment arrangement or a controlled goods agreement; (ab) Sub-paragraph (aa) does not prevent the recovery of the fee provided for the first enforcement stage nor does it prohibit advancement to the second enforcement stage— (i)if no contact is established during a subsequent visit, or (ii )if contact is later made but the debtor does not make payment in full or enter into a repayment arrangement or a controlled goods agreement;”. (4) S.I. 2014/1, amended by S.I. 2021/1288. 2Document Generated: 2026-05-01 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) In sub-paragraph (a)— (i)at the beginning, after “Where” insert “the debtor makes payment in full or”; (ii)before “a controlled goods agreement” insert “a repayment arrangement or”. (c) In sub-paragraph (b), in each place it occurs, before “a controlled goods agreement” insert “a repayment arrangement or”. (4) In regulation 6(1) (stages of enforcement for which fees may be recovered – enforcement of High Court writs)— (a) in sub-paragraph (b)— (i)at the beginning, after “where” insert “the debtor makes payment in full or”; (ii)before “a controlled goods agreement” insert “a repayment arrangement or”; (iii)for “the agreement” substitute “payment in full is made or the repayment arrangement or controlled goods agreement”; (b) in sub-paragraph (c)— (i)in each place it occurs, before “a controlled goods agreement” insert “a repayment arrangement or”; (ii)in paragraph (i), at the beginning, after “where” insert “payment in full is not made or”; (iii)in paragraph (ii)— (aa)for “breaches that agreement” substitute “breaches that arrangement or agreement”, and (bb)for “breaches the agreement” substitute “breaches the arrangement or agreement“. (5) In regulation 7 (calculation of fees by reference to value of sum sought to be recovered)— (a) in paragraph (a), for “£1500” substitute “£1900”, and (b) in paragraph (b), for “£1000” substitute “£1200”. (6) In the Schedule (fees recoverable under regulation 4)— (a) For Table 1 (Enforcement other than under a High Court Writ) substitute— “Table 1 Enforcement other than under a High Court Writ Fee Stage Fixed Fee Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1900 Compliance stage £79.00 0% Enforcement stage £247.00 7.5% Sale or disposal stage £116.00 7.5%” (b) For Table 2 (Enforcement under a High Court Writ) substitute— 3Document Generated: 2026-05-01 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “Table 2 Enforcement under a High Court Writ Fee Stage Fixed Fee Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1200 Compliance stage £79.00 0% First enforcement stage £200.00 7.5% Second enforcement stage £520.00 0% Sale or disposal stage £550.00 7.5%” Amendment to the Certification of Enforcement Agents Regulations 2014 4.—(1) The Certification of Enforcement Agents Regulations 2014(5) are amended as follows. (2) In the Schedule, for the form headed “Notice of Enforcement” substitute the form in the Schedule to these Regulations. Signed by authority of the Lord Chancellor Sarah Sackman Minister of State 24th March 2026 Ministry of Justice (5) S.I. 2014/421. 4Document Generated: 2026-05-01 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Schedule Regulation 4 5Document Generated: 2026-05-01 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 6Document Generated: 2026-05-01 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make provisions under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (“the Act”). Regulation 2 introduces, in regulation 2 of the Taking Control of Goods Regulations 2013 (S.I. 2013/1894) (“the 2013 Regulations”), the definitions of “debt advice provider” and “non-eligible business debt”, replicating the meanings given in, respectively, regulations 3 and 5(6)(d) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (S.I. 2020/1311). It also amends regulation 6 of the 2013 Regulations to extend the minimum period of notice that must be given to the debtor before an enforcement agent can take control of the debtor's goods. The minimum period of notice is extended from 7 to 14 days or, when requested by a debt advice provider on behalf of the debtor in respect of a non-business debt, to 28 days. Regulation 7 of the 2013 Regulations is also amended so that a notice of enforcement must include information about the availability of free advice from a debt advice provider and the debt advice provider’s ability to request an extension of the enforcement notice period. Regulation 3 amends regulation 4 of the Taking Control of Goods (Fees) Regulations 2014 (S.I. 2014/1) (“the 2014 Regulations”) to prevent the unnecessary escalation through the enforcement stages described in regulation 6 of the 2014 Regulations in cases where the enforcement agent is acting under an enforcement power conferred by a High Court writ. The changes specify that: where no initial contact is established during the first attendance at the premises, the enforcement agent will not proceed to the second enforcement stage until the debtor has been given another opportunity to make payment in full or enter into a repayment arrangement or a controlled goods agreement; and that only the first enforcement stage fee may be recovered from the debtor where the debtor makes payment in full, or where the enforcement agent and the debtor enter into a repayment arrangement or a controlled goods agreement that the debtor does not breach. Consequential amendments are made to regulation 6 of the 2014 Regulations to update the description of the first enforcement stage, clarifying that it covers cases in which payment is made in full or through an arrangement. Regulation 3 also amends the Schedule to the 2014 Regulations to implement an increase in the fees that can be recovered when using the taking control of goods procedure under Schedule 12 to the Act, as well as the thresholds above which a percentage fee can be added to the fees. Regulation 4 updates the Notice of Enforcement form in the Schedule to the Certification of Enforcement Agents Regulations 2014 (S.I. 2014/421). Specifically, it updates page 2 of the form to clarify that a Notice of Enforcement must provide debtors with a minimum of 14 days to respond before an enforcement agent may visit to take control of goods. It also clarifies that, if a debt advice provider requests it, this 14-day period can be extended to 28 days. The saving provision in regulation 1(3) ensures that nothing in these Regulations affects any enforcement action taken prior to these Regulations coming into force. An Impact Assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen. 7