Definition of a Highway

For the purpose of civil enforcement

Bailiffs may take control of goods (notable vehicles) on any highway in England and Wales

Enforcement regulations lack clarity in defining a highway, therefore, you may exhibit a definition provided by Counsel.

See: Ways, & Highways Maintainable at Public Expense:- The Differences and Defences by Matthew White 26 April 2012



The Law:

Paragraph 9 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

An enforcement agent may take control of goods only if they are—

(a)on premises that he has power to enter under this Schedule, or

(b)on a highway.


The Law:

Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

2)The property in any goods ceases to be bound—

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

c)the power ceases to be exercisable for any other reason.