6am and 9pm any day of the week
Bailiffs ere authorised to take control of goods only during the hours of 6am to 9pm on any day of the week, except with prior approval from the court through a formal application process.
The Law:
Paragraph 25 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(1)The enforcement agent may enter and remain on the premises only within prescribed times of day.
(2)Regulations may give the court power in prescribed circumstances to authorise him to enter or remain on the premises at other times.
(3)The authorisation—
(2)Regulations may give the court power in prescribed circumstances to authorise him to enter or remain on the premises at other times.
(3)The authorisation—
(a)may be by order or in a warrant under paragraph 15;
(b)may be subject to conditions.
Regulation 12 Taking Control of Goods Regulations 2013 states:
Days for taking control of goods
12. The enforcement agent may take control of goods of the debtor on any day of the week.
Regulation 13 Taking Control of Goods Regulations 2013 states states:
Prohibited hours for taking control
(1) Subject to paragraph (2), the enforcement agent may not take control of goods of the debtor before 6 a.m. or after 9 p.m. on any day.
(2) Paragraph (1) does not apply where—
(1) Subject to paragraph (2), the enforcement agent may not take control of goods of the debtor before 6 a.m. or after 9 p.m. on any day.
(2) Paragraph (1) does not apply where—
(a)the court, on application by the enforcement agent, orders otherwise;
(b)goods are located on the debtor’s or another person’s premises which are used (whether wholly or partly) to carry on a trade or business and the premises (or part of the premises) are open for the conduct of that trade or business during hours that are prohibited under paragraph (1); or
(c)the enforcement agent has begun to take control of goods during hours that are not prohibited under paragraph (1), or during hours to which paragraph (1) does not apply by virtue of sub-paragraph (a) or (b), and to complete taking control of goods it is reasonably necessary for the enforcement agent to continue to do so during prohibited hours, provided the duration of time spent in taking control of goods is reasonable.
If a bailiff intends to take control of goods outside 6am and 9pm then he must make an application to the court. The rules of court are provided in CPR 84.6
Civil Procedure Rule 84.6 states:
Application to take control of goods during prohibited hours
84.6 An application by the enforcement agent under regulation 13(2)(a) of the TCG Regulations for an order allowing goods to be taken into control during hours prohibited by regulation 13(1) of those Regulations—
84.6 An application by the enforcement agent under regulation 13(2)(a) of the TCG Regulations for an order allowing goods to be taken into control during hours prohibited by regulation 13(1) of those Regulations—
(a) may be made without notice; and
(b) must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved or otherwise disposed of, in order to avoid the enforcement agent taking control of the goods.