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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 (c. 45). | |
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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 7 | |
Section 107 | |
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— | |
(a) “under the hand and seal”, and | |
(b) “of the commission area wherein such common field lands shall lie”. | |
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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.” | |
Ordnance Survey Act 1841 (c. 30) | 20 |
11 In section 2 (dispute as to damage caused during survey)— | |
(a) for “by any two or more justices in petty sessions assembled of the | |
place in which the lands, grounds, heritages, or trees may be situate” | |
substitute “by a magistrates’ court”, and | |
(b) for “the justices, may appeal” substitute “the magistrates’ court, may | 25 |
appeal”. | |
Railway Regulation Act 1842 (c. 55) | |
12 (1) In section 17 (punishment of persons employed on railways guilty of | |
misconduct)— | |
(a) for “before some justice of the peace for the place within which such | 30 |
offence shall be committed” substitute “before a magistrates’ court”, | |
(b) for “such justice as aforesaid (who is hereby authorised and required, | |
upon complaint to him made, without information in writing, to take | |
cognizance thereof, and to act summarily in the premises), in the | |
discretion of such justice,” substitute “a magistrates’ court,”, | 35 |
(c) omit “, in the like discretion of such justice, shall”, | |
(d) for “as such justice shall appoint” substitute “as a magistrates’ court | |
shall appoint”, and | |
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(e) omit the words from “and every such penalty” to the end. | |
(2) This paragraph extends only to England and Wales. | |
Defence Act 1842 (c. 94) | |
13 (1) In section 24 (compensation for damage caused by temporary buildings), | |
omit “of the county, riding, city, or place”. | 5 |
(2) This paragraph extends only to England and Wales. | |
London Hackney Carriages Act 1843 (c. 86) | |
14 (1) Amend section 24 (proceedings with respect to licences on quitting service) | |
as follows. | |
(2) Re-number the existing provision subsection (1). | 10 |
(3) In that subsection— | |
(a) for “any time not exceeding” substitute “a time which, excluding any | |
day mentioned in subsection (2), does not exceed”, | |
(b) for “the magistrates’ court for the petty sessions area in which the | |
said proprietor shall dwell” substitute “a magistrates’ court”, | 15 |
(c) for “at the time of applying” substitute “when applying”, | |
(d) for “justices’ chief executive for such” substitute “designated officer | |
for the”, | |
(e) for “twenty-four hours, exclusive of Sunday or any day on which the | |
magistrates’ court shall not sit,” substitute “that time”, and | 20 |
(f) for “at the same magistrates’ court” substitute “to a magistrates’ | |
court”. | |
(4) After that subsection insert— | |
“(2) The days are— | |
(a) Saturday or Sunday; | 25 |
(b) Christmas Day or Good Friday; | |
(c) a day which is a bank holiday in England and Wales under | |
the Banking and Financial Dealings Act 1971.” | |
Companies Clauses Consolidation Act 1845 (c. 16) | |
15 In section 3 (interpretation), omit the words from “The word “justice”” to | 30 |
“acting together in petty sessions”. | |
16 In section 18 (transmission of shares by other means than transfer to be | |
authenticated by a declaration), for the words from “before a justice” to “and | |
such declaration” substitute “before a justice or a person authorised to | |
administer oaths; and such declaration”. | 35 |
17 In section 33 (evidence as to forfeiture of shares), for the words from “before | |
any justice” to “that the call” substitute “before any justice or a person | |
authorised to administer oaths, that the call”. | |
18 Paragraphs 15 to 17 extend only to England and Wales. | |
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Lands Clauses Consolidation Act 1845 (c. 18) | |
19 (1) In section 3 (interpretation), omit the words from “The word “justices”” to | |
“acting together”. | |
(2) This paragraph extends only to England and Wales. | |
Railway Clauses Consolidation Act 1845 (c. 20) | 5 |
20 In section 3 (interpretation), omit the words from “The word “justice”” to | |
“acting together:”. | |
21 In section 11 (limiting deviation from datum line described on sections, | |
etc.)— | |
(a) for “in petty sessions assembled for that purpose, and acting for the | 10 |
district” substitute “acting in the local justice area”, and | |
(b) for the words from “every petty sessions” to “holding of such petty | |
sessions” substitute “every hearing before two or more justices to be | |
held for the purpose of obtaining their consent as mentioned above | |
shall, at least 14 days before the hearing”. | 15 |
22 In section 46 (crossings of roads—level crossings), omit “in petty sessions”. | |
23 In section 59 (proceedings on application to justices to consent to level | |
crossings over highways other than public carriage roads)— | |
(a) for “fourteen days at least previous to the holding of the petty | |
sessions at which such application is intended to be made” substitute | 20 |
“at least 14 days before the application is intended to be made”, | |
(b) for “acting for the district” substitute “acting in the local justice area”, | |
and | |
(c) omit “, and assembled in petty sessions,”. | |
24 Paragraphs 20 to 23 extend only to England and Wales. | 25 |
Geological Survey Act 1845 (c. 63) | |
25 In section 1 (dispute as to damage caused during survey), for “by any two or | |
more justices of the peace, in petty sessions assembled, of the place where | |
the lands or trees may be situate” substitute “by a magistrates’ court”. | |
26 In section 6 (interpretation), for “the word “justices” shall include all persons | 30 |
acting in the commission of the peace and” substitute “the words | |
“magistrates’ court” shall include”. | |
Markets and Fairs Clauses Act 1847 (c. 14) | |
27 (1) In section 3 (interpretation), omit the words from “The word “justice”” to | |
“acting together:”. | 35 |
(2) This paragraph does not extend to Northern Ireland. | |
Harbours, Docks and Piers Clauses Act 1847 (c. 27) | |
28 (1) In section 3 (interpretation), omit the words from “The word “justice”” to | |
“acting together:”. | |
(2) This paragraph does not extend to Northern Ireland. | 40 |
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Towns Improvement Clauses Act 1847 (c. 34) | |
29 (1) In section 3 (interpretation), omit the words from “The word “justice”” to | |
“acting together:”. | |
(2) This paragraph does not extend to Northern Ireland. | |
Cemeteries Clauses Act 1847 (c. 65) | 5 |
30 (1) In section 3 (interpretation), omit the words from “The word “justice”” to | |
“acting together:”. | |
(2) This paragraph does not extend to Northern Ireland. | |
Town Police Clauses Act 1847 (c. 89) | |
31 (1) In section 3 (interpretation), omit the words from “The word “justice”” to | 10 |
“acting together:”. | |
(2) This paragraph does not extend to Northern Ireland. | |
Hares Act 1848 (c. 29) | |
32 In section 2 (registration of authorisation)— | |
(a) for “clerk of the magistrates acting for the petty sessions area” | 15 |
substitute “designated officer for the local justice area”, and | |
(b) for “clerk of the magistrates as” substitute “designated officer as”. | |
Indictable Offences Act 1848 (c. 42) | |
33 In section 13 (English warrants may be backed in the Isles of Man, Guernsey, | |
Jersey, Alderney or Sark, and vice versa)— | 20 |
(a) omit “any county, riding, division, liberty, city, borough, or place in” | |
(in both places), | |
(b) for “and for the county or place into which such person shall escape | |
or go, or where he shall reside or be, or be supposed or suspected to | |
be,” substitute “England and Wales”, | 25 |
(c) for “indorsing the same has jurisdiction” substitute “indorsing the | |
same is acting or has jurisdiction”, | |
(d) for “issued such warrant or process shall have jurisdiction” | |
substitute “issued such warrant or process is acting or has | |
jurisdiction”, and | 30 |
(e) for “had been apprehended within his jurisdiction” substitute “had | |
been apprehended in England or Wales or (as the case may be) | |
within his jurisdiction”. | |
Evidence Act 1851 (c. 99) | |
34 In section 13(2)(a) (proof of conviction of defendant by copy of certified | 35 |
record), for “justices’ chief executive” substitute “designated officer”. | |
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Inclosure Act 1859 (c. 43) | |
35 In section 4 (how damage to be assessed), for “for the county or riding or | |
other division or place within which” substitute “acting in the local justice | |
area in which”. | |
36 In section 6 (justices’ warrant for distress), for “of such county or riding, or | 5 |
other district or place as aforesaid, shall, by warrant under their hands and | |
seals,” substitute “acting in the local justice area shall by warrant”. | |
Ecclesiastical Courts Jurisdiction Act 1860 (c. 32) | |
37 In section 2 (offence of making a disturbance in churches, chapels, | |
churchyards etc.)— | 10 |
(a) for “before two justices of the peace” substitute “by a magistrates’ | |
court”, | |
(b) for “a penalty of not more than” substitute “a fine not exceeding”, | |
and | |
(c) for “for every such offence, or may, if the justices before whom he | 15 |
shall be convicted think fit, instead of being subjected to any | |
pecuniary penalty, be committed to prison for any time” substitute | |
“or to imprisonment for a term”. | |
38 In section 3 (power to arrest offenders and take them before a justice of the | |
peace), for “justice of the peace of the county or place where the said offence | 20 |
shall have been so committed,” substitute “magistrates’ court”. | |
39 Paragraphs 37 and 38 do not extend to Northern Ireland. | |
Defence Act 1860 (c. 112) | |
40 (1) In section 47 (interpretation), omit the words from “The word “justices”” to | |
“acting together:”. | 25 |
(2) This paragraph extends only to England and Wales. | |
Offences Against the Person Act 1861 (c. 100) | |
41 In section 44 (if magistrates dismiss case of assault or battery, they must | |
make out certificate to that effect), omit “under their hands”. | |
42 In section 65 (justices may issue search warrants for explosive substances)— | 30 |
(a) for “Any justice of the peace of any county or place in which” | |
substitute “Where”, | |
(b) after “in this Act mentioned,” insert “a justice of the peace,”, and | |
(c) omit “under his hand and seal”. | |
43 Paragraphs 41 and 42 do not extend to Northern Ireland. | 35 |
Poaching Prevention Act 1862 (c. 114) | |
44 (1) In section 1 (interpretation), omit from “; and the words “justice” and | |
“justices”” onwards. | |
(2) This paragraph does not extend to Northern Ireland. | |
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