|
| |
| |
Effect of writ | |
8 (1) Subject to sub-paragraph (2), the writ binds the property in the goods of the | |
execution debtor from the time when the writ is received by the person who | |
is under a duty to endorse it. | |
(2) The writ does not prejudice the title to any goods of the execution debtor | 5 |
acquired by a person in good faith and for valuable consideration. | |
(3) Sub-paragraph (2) does not apply if the person acquiring goods of the | |
execution debtor had notice, at the time of the acquisition, that— | |
(a) the writ, or | |
(b) any other writ by virtue of which the goods of the execution debtor | 10 |
might be seized or attached, | |
had been received by the person who was under a duty to endorse it but had | |
not been executed. | |
(4) Sub-paragraph (2) does not apply if the person acquiring goods of the | |
execution debtor had notice, at the time of the acquisition, that— | 15 |
(a) an application for the issue of a warrant of execution against the | |
goods of the execution debtor had been made to the district judge of | |
a county court, and | |
(b) the warrant issued on the application— | |
(i) remained unexecuted in the hands of the district judge of the | 20 |
court from which it was issued, or | |
(ii) had been sent for execution to, and received by, the district | |
judge of another county court and remained unexecuted in | |
the hands of that district judge. | |
(5) In sub-paragraph (1) “property” means the general property in goods (and | 25 |
not merely a special property). | |
(6) For the purposes of sub-paragraph (2) a thing shall be treated as done in | |
good faith if it is in fact done honestly (whether it is done negligently or not). | |
(7) Any reference in this paragraph to the goods of the execution debtor | |
includes anything else of his that may lawfully be seized in execution. | 30 |
Seizure of goods | |
9 (1) This paragraph applies where an enforcement officer or other person who is | |
under a duty to execute the writ is executing it. | |
(2) The officer may, by virtue of the writ, seize— | |
(a) any goods of the execution debtor that are not exempt goods, and | 35 |
(b) any money, banknotes, bills of exchange, promissory notes, bonds, | |
specialties or securities for money belonging to the execution debtor. | |
(3) “Exempt goods” means— | |
(a) such tools, books, vehicles and other items of equipment as are | |
necessary to the execution debtor for use personally by him in his | 40 |
employment, business or vocation; | |
(b) such clothing, bedding, furniture, household equipment and | |
provisions as are necessary for satisfying the basic domestic needs of | |
the execution debtor and his family. | |
| |
| |
|
| |
| |
Sale of goods seized | |
10 (1) This paragraph applies if— | |
(a) a writ of execution has been issued from the High Court, | |
(b) goods are seized under the writ by an enforcement officer or other | |
person under a duty to execute it, and | 5 |
(c) the goods are to be sold for a sum which, including legal incidental | |
expenses, exceeds £20. | |
(2) The sale must be— | |
(a) made by public auction, and not by bill of sale or private contract, | |
unless the court otherwise orders, and | 10 |
(b) publicly advertised on, and during the three days preceding, the day | |
of sale. | |
(3) If the person who seized the goods has notice of another execution or other | |
executions, the court must not consider an application for leave to sell | |
privately until the notice prescribed by Civil Procedure Rules has been given | 15 |
to the other execution creditor or creditors. | |
(4) An execution creditor given notice under sub-paragraph (3) is entitled— | |
(a) to appear before the court, and | |
(b) to be heard on the application for the order. | |
Protection of officers selling seized goods | 20 |
11 (1) This paragraph applies if— | |
(a) a writ of execution has been issued from the High Court, | |
(b) goods in the possession of an execution debtor are seized by an | |
enforcement officer or other person under a duty to execute the writ, | |
and | 25 |
(c) the goods are sold by that officer without any claims having been | |
made to them. | |
(2) If this paragraph applies— | |
(a) the purchaser of the goods acquires a good title to them, and | |
(b) no person is entitled to recover against the officer or anyone acting | 30 |
under his authority— | |
(i) for any sale of the goods, or | |
(ii) for paying over the proceeds prior to the receipt of a claim to | |
the goods, | |
unless it is proved that the person from whom recovery is sought had | 35 |
notice, or might by making reasonable enquiry have ascertained, that | |
the goods were not the property of the execution debtor. | |
(3) Nothing in this paragraph affects the right of a lawful claimant to any | |
remedy to which he is entitled against any person other than the | |
enforcement officer or other officer charged with the execution of the writ. | 40 |
(4) “Lawful claimant” means a person who proves that at the time of sale he had | |
a title to any goods seized and sold. | |
(5) This paragraph is subject to sections 183, 184 and 346 of the Insolvency Act | |
1986. | |
| |
| |
|
| |
| |
Supplementary | |
Regulations | |
12 (1) The Lord Chancellor may make regulations for the purpose of giving effect | |
to the provisions of this Schedule that relate to enforcement officers. | |
(2) The regulations may, in particular, make provision as to— | 5 |
(a) conditions to be met by individuals seeking to be authorised to act as | |
enforcement officers; | |
(b) the circumstances in which authorisations may be terminated; | |
(c) the procedures to be followed in relation to the assignment of | |
enforcement officers or changes in their assignments; | 10 |
(d) the publication of— | |
(i) lists of enforcement officers assigned to each district, and | |
(ii) addresses to which writs of execution issued from the High | |
Court to enforcement officers may be sent. | |
(3) Subject to paragraph 7(5) the regulations may make provision for the | 15 |
determination of fees that may be charged by enforcement officers. | |
(4) Before making any regulations under this paragraph, the Lord Chancellor | |
must consult— | |
(a) the Lord Chief Justice, | |
(b) the Master of the Rolls, | 20 |
(c) the President of the Family Division, | |
(d) the Vice-Chancellor, and | |
(e) the Head of Civil Justice. | |
Schedule 6 | |
Section 98 | |
Minor and consequential amendments | 25 |
Parochial Libraries Act 1708 (c. 14) | |
1 In section 10 (warrant to search for lost books), omit “for the commission | |
area”. | |
Distress for Rent Act 1737 (c. 19) | |
2 In section 4 (application to justices where goods carried off or concealed), | 30 |
omit “of the same commission area”. | |
3 In section 16 (possession of property deserted by tenant), omit “of the | |
county, riding, division, or place”. | |
Inclosure Act 1773 (c. 81) | |
4 In section 4 (issue of warrant for recovery of expenses by distress and sale), | 35 |
omit “of the commission area wherein such common field lands shall lie”. | |
| |
| |
|
| |
| |
Sale of Farming Stock Act 1816 (c. 50) | |
5 In section 10 (indemnity to sheriff and others acting under the provisions of | |
the Act), for “or under sheriff” substitute “, under sheriff or other officer”. | |
Burial Ground Act 1816 (c. 141) | |
6 In section 2 (verification of value of land), omit “for the commission area in | 5 |
which such land is situated”. | |
Inclosure and Drainage (Rates) Act 1833 (c. 35) | |
7 In section 1 (recovery of rates or assessments), omit “acting for any | |
commission area, in petty sessions assembled”. | |
8 In section 2 (form of warrant or distress), omit “for the said (county, riding, | 10 |
or division, as the case may be)”. | |
Judgments Act 1838 (c. 110) | |
9 In section 12 (sheriff may seize money, bank notes, etc.), after “poundage | |
and expences” insert “or other officer’s fees”. | |
Metropolitan Police Act 1839 (c. 47) | 15 |
10 For section 75 (meaning of “magistrate”), substitute— | |
“75 Meaning of “magistrate” in this Act | |
In this Act “magistrate” means any two justices of the peace sitting | |
together in public.” | |
London Hackney Carriages Act 1843 (c. 86) | 20 |
11 In section 24 (proceedings with respect to licences on quitting service)— | |
(a) for “the magistrates’ court for the petty sessions area in which the | |
said proprietor shall dwell” substitute “a magistrates’ court”, | |
(b) for “justices’ chief executive for such” substitute “designated officer | |
for the”, | 25 |
(c) for “magistrates’ court shall” substitute “magistrates’ courts do”, and | |
(d) for “the same magistrates’ court” substitute “a magistrates’ court”. | |
Evidence Act 1851 (c. 99) | |
12 In section 13(2)(a) (proof of conviction of defendant by copy of certified | |
record), for “justices’ chief executive” substitute “designated officer”. | 30 |
Criminal Procedure Act 1865 (c. 18) | |
13 In section 6(2)(a) (proof of conviction of witness by signed certificate), for | |
“justices’ chief executive” substitute “designated officer”. | |
| |
| |
|
| |
| |
Prevention of Crimes Act 1871 (c. 112) | |
14 In paragraph (a) of the last sentence of section 18 (proof of conviction by | |
certificate or copy of conviction), for “justices’ chief executive” substitute | |
“designated officer”. | |
Commons Act 1876 (c. 56) | 5 |
15 In section 20 (prohibition of gravel digging on certain commons without | |
authority of justices), for “in petty sessions assembled, and acting in and for | |
the petty sessions area in which such common is situate,” substitute “of the | |
peace”. | |
Municipal Corporations Act 1882 (c. 50) | 10 |
16 In section 153(3) (issue of warrant following failure by borough to pay sum | |
due to county), omit “for a commission area consisting of or including the | |
whole or part of the county”. | |
Sheriffs Act 1887 (c. 55) | |
17 In section 7(1) (declaration of office), for the words from “effect before” | 15 |
onwards substitute “effect— | |
(a) before one of the judges of Her Majesty’s High Court; or | |
(b) in the county of which he is sheriff before a justice of the | |
peace.” | |
18 In section 17 (disqualification from acting as justice of the peace), for “peace | 20 |
for” substitute “peace in any local justice area consisting of or including the | |
whole or a part of”. | |
19 In section 23(3) (declaration of office by under-sheriff), for the words from | |
“effect before” onwards substitute “effect— | |
(a) before one of the judges of Her Majesty’s High Court; or | 25 |
(b) in the county for which such under-sheriff is appointed | |
before a justice of the peace.” | |
20 (1) Amend section 26 (declaration by bailiffs, etc.) as follows. | |
(2) Re-number the existing provision subsection (1). | |
(3) In that subsection, for the words from “effect before” onwards substitute | 30 |
“effect— | |
(a) before any judge of the High Court; or | |
(b) in the county in which he exercises his authority before a | |
justice of the peace.” | |
(4) After that subsection insert— | 35 |
“(2) Subsection (1) does not apply to any enforcement officer or any | |
person acting under the authority of an enforcement officer.” | |
21 In section 29 (punishment for misconduct), after subsection (2) insert— | |
“(2A) Subsection (2) does not apply to any enforcement officer or any | |
person acting under the authority of an enforcement officer.” | 40 |
| |
| |
|
| |
| |
22 In section 38 (definitions), after the definition of “county” insert— | |
““enforcement officer” means an individual who is authorised to act as | |
an enforcement officer under the Courts Act 2003;”, | |
and omit from “Any reference” to the end of the section. | |
Local Government Act 1888 (c. 41) | 5 |
23 In section 28(2) (power of county council to delegate to justices functions | |
relating to contagious diseases of animals), for “for a commission” substitute | |
“acting in a local justice”. | |
Public Health Acts Amendment Act 1907 (c. 53) | |
24 In section 94(7) (licensing of pleasure boats: appeals to magistrates’ court), | 10 |
for “justices’ chief executive for the court” substitute “designated officer for | |
the court”. | |
Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33) | |
25 In section 3(4) (return of order to original court for further evidence to be | |
taken), omit “appointed for the same commission area”. | 15 |
26 (1) Amend section 4 (power of court of summary jurisdiction to confirm | |
maintenance orders made in certain Commonwealth countries) as follows. | |
(2) In subsection (5B), for “a justices’ chief executive” (in both places) substitute | |
“the designated officer for the court or for any other magistrates’ court”. | |
(3) In subsection (6A)— | 20 |
(a) in paragraph (b), in the paragraph to be regarded as substituted for | |
subsection (4)(b) of section 60 of the 1980 Act, for “a justices’ chief | |
executive” substitute “the designated officer for the court or for any | |
other magistrates’ court”, and | |
(b) in paragraph (c), in the words to be regarded as replaced in section | 25 |
60(5) of the 1980 Act, for “justices’ chief executive for the court”” | |
substitute “designated officer for the court””. | |
(4) Nothing in this paragraph is to be read as amending section 4 as modified in | |
relation to Northern Ireland by section 11. | |
Children and Young Persons Act 1933 (c. 12) | 30 |
27 In section 7(2) (offence of selling tobacco to persons under 16: complaint to | |
court of summary jurisdiction), for “court of summary jurisdiction” | |
substitute “magistrates’ court”. | |
28 (1) Amend section 46 (assignment of certain matters to youth courts) as follows. | |
(2) In subsection (1), for “court of summary jurisdiction” (in each place) | 35 |
substitute “magistrates’ court”. | |
(3) In subsection (1A), for “justices’ chief executive for” substitute “designated | |
officer for”. | |
29 In section 48(3) (remand of child or young person by youth court), for “for | |
the same petty sessions area or place” substitute “in the same local justice | 40 |
area”. | |
| |
| |
|
| |
| |
30 Omit section 101 (application of Summary Jurisdiction Acts). | |
31 In section 102(1) (appeals to Crown Court), for “court of summary | |
jurisdiction” substitute “magistrates’ court”. | |
Prevention of Damage by Pests Act 1949 (c. 55) | |
32 (1) Amend section 15 (appeal against directions) as follows. | 5 |
(2) In subsection (1), omit “for the petty sessions area or place in which the | |
works are required to be carried out or, as the case may be, in which the food | |
or container is for the time being situated”. | |
(3) In subsection (5), for “from “to a court” to the end of the subsection” | |
substitute ““to a court of summary jurisdiction””. | 10 |
Marriage Act 1949 (c. 76) | |
33 In section 3(5) (meaning of “the court”), for “appointed for the commission | |
area” substitute “acting in the local justice area”. | |
National Parks and Access to the Countryside Act 1949 (c. 97) | |
34 In section 68(3) (complaint to court about access requirement), omit “for the | 15 |
petty sessions area or place within which the land to which the notice relates | |
is situated”. | |
Maintenance Orders Act 1950 (c. 37) | |
35 (1) Amend section 18 (enforcement of registered orders) as follows. | |
(2) In subsection (2ZA), in the subsection to be regarded as substituted for | 20 |
section 76(5) of the 1980 Act, for “a justices’ chief executive” (in both places) | |
substitute “the designated officer for the court or for any other magistrates’ | |
court”. | |
(3) In subsection (2B)(a), for “justices’ chief executive” substitute “designated | |
officer”. | 25 |
36 (1) Amend section 22 (discharge and variation of registered orders) as follows. | |
(2) In subsection (1B), for “a justices’ chief executive” (in both places) substitute | |
“the designated officer for the court or for any other magistrates’ court in | |
England and Wales”. | |
(3) In subsection (1E)— | 30 |
(a) in paragraph (a), in the paragraph to be regarded as substituted for | |
section 60(4)(b) of the 1980 Act, for “a justices’ chief executive” | |
substitute “the designated officer for the court or for any other | |
magistrates’ court”, and | |
(b) in paragraph (b), in the words to be regarded as replaced in section | 35 |
60(5) of the 1980 Act, for “justices’ chief executive for the court”” | |
substitute “designated officer for the court””. | |
37 In section 24(5A)(b) (cessation of order requiring payment), for “a justices’ | |
chief executive” substitute “the designated officer for a magistrates’ court in | |
England and Wales”. | 40 |
| |
| |
|
