HC Deb 25 April 1988 vol 132 c124

6.—(1) Regulations under this Schedule may provide that where a magistrates' court has made a liability order against a person (the debtor) the authority concerned may levy the appropriate amount by distress and sale of the debtor's goods.

(2) The appropriate amount is the aggregate of—

  1. (a) an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and
  2. (b) a sum (of an amount determined in accordance with prescribed rules) in respect of the charges connected with the distress.

(3) The regulations may include provision that—

  1. (a) a distress may be made anywhere in England and Wales;
  2. (b) a distress shall not be deemed unlawful on account of any defect or want of form in the liability order and no person making a distress shall be deemed a trespasser on that account;
  3. (c) no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.