133Rights and duties of chief executive in relation to unpaid duty

1. This section applies to the recovery of unpaid duty—

2. that is due in relation to goods from—
   1. an individual who is bankrupt; or
   2. a company that is in liquidation; or
   3. a company if a receiver has been appointed in respect of the company’s property in circumstances to which section 30 of the Receiverships Act 1993 applies; or
   4. an unincorporated body of persons (including a partnership, a joint venture, or the trustees of a trust) that is put into liquidation; or
   5. an unincorporated body of persons (including a partnership, a joint venture, or the trustees of a trust) if a receiver has been appointed by the High Court in respect of the body’s property; and
3. that is a charge on the goods in accordance with section 129.

4. The chief executive must notify the Official Assignee, liquidator, or receiver (as the case may be) that the unpaid duty is a charge on the goods in accordance with section 129.

5. A notice under subsection (2) must be given within 60 days after,—

6. in the case of an individual, the date of the notice in the Gazette that the individual has been adjudicated bankrupt; or
7. in the case of a company, the date of the notice in the Gazette of the commencement of the liquidation or the appointment of a receiver; or
8. in the case of an unincorporated body (including a partnership, a joint venture, or the trustees of a trust), the date of the notice in the Gazette of the commencement of the liquidation or the appointment of a receiver.

9. If there is a dispute as to whether section 129(3) applies, a notice under subsection (2) may, despite subsection (3), be given within 30 days after the date on which the dispute is resolved.

10. If any duty to which this section applies is due and unpaid, the chief executive may—

11. realise the property subject to the charge; or
12. value the property subject to the charge and claim, in the bankruptcy, liquidation, or receivership in accordance with section 134, for the balance of the unpaid duty (if any); or
13. realise the property subject to the charge and claim, in the bankruptcy, liquidation, or receivership in accordance with section 134, for any balance of the unpaid duty, after deducting the amount realised; or
14. surrender the charge to the Official Assignee, liquidator, or receiver for the general benefit of creditors and claim, in the bankruptcy, liquidation, or receivership in accordance with section 134, for the whole debt.

15. If the chief executive realises the property subject to the charge, any regulations made for the purposes of section 410 apply.

16. If the chief executive values the property subject to the charge and claims for the balance of unpaid duty (if any) in accordance with subsection (5)(b), the valuation and claim must—

17. contain full particulars of the valuation, the claim, and the charge; and
18. identify any documents that substantiate the claim and the charge.

19. The Official Assignee, liquidator, or receiver may require production of any document referred to in subsection (7).

20. If a claim is made by the chief executive under subsection (7), the Official Assignee, liquidator, or receiver must—

21. accept the valuation and claim; or
22. subject to subsections (10) and (11), reject the valuation and claim in whole or in part.

23. If the Official Assignee, liquidator, or receiver rejects a valuation and claim under subsection (9)(b), the chief executive may make a revised valuation and claim within 20 days of receiving notice of the rejection.

24. The Official Assignee, liquidator, or receiver may revoke or amend a decision under subsection (9)(b) to reject a valuation and claim if he or she subsequently considers that a valuation and claim were wrongly rejected.

25. The Official Assignee, liquidator, or receiver may, at any time, unless the chief executive has realised the property, redeem the charge on payment of the assessed value where the Official Assignee, liquidator, or receiver—

26. has accepted a valuation and claim under subsection (9)(a); or
27. has accepted a revised valuation and claim; or
28. has accepted a valuation and claim on revoking or amending a decision to reject a claim under subsection (11).

29. The Official Assignee, liquidator, or receiver may at any time, by notice in writing, require the chief executive, within 30 days after receipt of the notice,—

30. to elect which of the powers referred to in subsection (5) the chief executive wishes to exercise; and
31. if the chief executive elects to exercise the power referred to in subsection (5)(b), (c), or (d), to exercise the power within that period.

32. The chief executive—

33. is treated as having surrendered the charge to the Official Assignee, liquidator, or receiver for the general benefit of creditors if—
    1. the chief executive fails to give notice to the Official Assignee, liquidator, or receiver in accordance with subsection (2) within the time specified in subsection (3) or (4); or
    2. having been required to make an election in accordance with subsection (13), the chief executive fails to do so within the time specified in that subsection; but
34. may claim in the bankruptcy, liquidation, or receivership in accordance with section 134.

35. If the chief executive has surrendered the charge under subsection (5)(d) or is treated as having surrendered the charge under subsection (14), he or she may, with the leave of the court or the Official Assignee, liquidator, or receiver, at any time before the Official Assignee, liquidator, or receiver has realised the property charged,—

36. withdraw the surrender and rely on the charge; or
37. submit a new claim under this section.

38. Leave under subsection (15) may be subject to any terms and conditions that the court or the Official Assignee, liquidator, or receiver considers appropriate.

39. In any case to which this section applies, the provisions of section 305 of the Companies Act 1993 and sections 243, 244, and 246 to 250 of the Insolvency Act 2006 do not apply.