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Writs of execution against goods | |
Application of paragraphs 7 to 11 | |
6 Paragraphs 7 to 11 apply to any writ of execution against goods which is | |
issued from the High Court. | |
Endorsement of writ with date and time of receipt | 5 |
7 (1) If the writ is directed to a single enforcement officer under paragraph 3(1)(a) | |
or (c), that officer must endorse it as soon as possible after receiving it. | |
(2) If the writ is directed to two or more enforcement officers collectively under | |
paragraph 3(1)(b), the individual who, in accordance with approved | |
arrangements, is responsible for allocating its execution to one of those | 10 |
officers, must endorse it as soon as possible after receiving it. | |
(3) If the writ is directed to a person who is not an enforcement officer but is | |
under a duty to execute it, that person must endorse it as soon as possible | |
after receiving it. | |
(4) For the purposes of this paragraph, a person endorses a writ by endorsing | 15 |
on the back of it the date and time when he received it. | |
(5) No fee may be charged for endorsing a writ under this paragraph. | |
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 | 20 |
is under a duty to endorse it. | |
(2) The writ does not prejudice the title to any goods of the execution debtor | |
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— | 25 |
(a) the writ, or | |
(b) any other writ by virtue of which the goods of the execution debtor | |
might be seized or attached, | |
had been received by the person who was under a duty to endorse it but had | |
not been executed. | 30 |
(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— | |
(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 | 35 |
(b) the warrant issued on the application— | |
(i) remained unexecuted in the hands of the district judge of the | |
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 | 40 |
the hands of that district judge. | |
(5) In sub-paragraph (1) “property” means the general property in goods (and | |
not merely a special property). | |
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(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. | |
Seizure of goods | 5 |
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 | |
(b) any money, banknotes, bills of exchange, promissory notes, bonds, | 10 |
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 | |
employment, business or vocation; | 15 |
(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— | 20 |
(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 | |
(c) the goods are to be sold for a sum which, including legal incidental | |
expenses, exceeds £20. | 25 |
(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 | |
(b) publicly advertised on, and during the three days preceding, the day | |
of sale. | 30 |
(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 | |
to the other execution creditor or creditors. | |
(4) An execution creditor given notice under sub-paragraph (3) is entitled— | 35 |
(a) to appear before the court, and | |
(b) to be heard on the application for the order. | |
Protection of officers selling seized goods | |
11 (1) This paragraph applies if— | |
(a) a writ of execution has been issued from the High Court, | 40 |
(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 | |
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(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 | 5 |
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 | 10 |
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. | 15 |
(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). | |
Supplementary | 20 |
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— | |
(a) conditions to be met by individuals seeking to be authorised to act as | 25 |
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; | |
(d) the publication of— | 30 |
(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 | |
determination of fees that may be charged by enforcement officers. | 35 |
(4) Before making any regulations under this paragraph, the Lord Chancellor | |
must consult— | |
(a) the Lord Chief Justice, | |
(b) the Master of the Rolls, | |
(c) the President of the Family Division, | 40 |
(d) the Vice-Chancellor, and | |
(e) the Head of Civil Justice. | |
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Schedule 8 | |
Section 109(1) | |
Minor and consequential amendments | |
Parochial Libraries Act 1708 (c. 14) | |
1 In section 10 (warrant to search for lost books), omit “for the commission | |
area”. | 5 |
Distress for Rent Act 1737 (c. 19) | |
2 In section 4 (application to justices where goods carried off or concealed), | |
omit “of the same commission area”. | |
3 In section 16 (possession of property deserted by tenant), omit “of the | |
county, riding, division, or place”. | 10 |
Inclosure Act 1773 (c. 81) | |
4 In section 4 (issue of warrant for recovery of expenses by distress and sale), | |
omit— | |
(a) “under the hand and seal”, and | |
(b) “of the commission area wherein such common field lands shall lie”. | 15 |
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 | 20 |
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, | 25 |
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) | 30 |
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.” | |
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Ordnance Survey Act 1841 (c. 30) | |
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 | 5 |
(b) for “the justices, may appeal” substitute “the magistrates’ court, may | |
appeal”. | |
Railway Regulation Act 1842 (c. 55) | |
12 (1) In section 17 (punishment of persons employed on railways guilty of | |
misconduct)— | 10 |
(a) for “before some justice of the peace for the place within which such | |
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 | 15 |
discretion of such justice,” substitute “a magistrates’ court,”, | |
(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 | |
(e) omit the words from “and every such penalty” to the end. | 20 |
(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”. | |
(2) This paragraph extends only to England and Wales. | 25 |
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). | |
(3) In that subsection— | 30 |
(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”, | |
(c) for “at the time of applying” substitute “when applying”, | 35 |
(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 | |
(f) for “at the same magistrates’ court” substitute “to a magistrates’ | 40 |
court”. | |
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(4) After that subsection insert— | |
“(2) The days are— | |
(a) Saturday or Sunday; | |
(b) Christmas Day or Good Friday; | |
(c) a day which is a bank holiday in England and Wales under | 5 |
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 | |
“acting together in petty sessions”. | |
16 In section 18 (transmission of shares by other means than transfer to be | 10 |
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”. | |
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 | 15 |
authorised to administer oaths, that the call”. | |
18 Paragraphs 15 to 17 extend only to England and Wales. | |
Lands Clauses Consolidation Act 1845 (c. 18) | |
19 (1) In section 3 (interpretation), omit the words from “The word “justices”” to | |
“acting together”. | 20 |
(2) This paragraph extends only to England and Wales. | |
Railway Clauses Consolidation Act 1845 (c. 20) | |
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, | 25 |
etc.)— | |
(a) for “in petty sessions assembled for that purpose, and acting for the | |
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 | 30 |
held for the purpose of obtaining their consent as mentioned above | |
shall, at least 14 days before the hearing”. | |
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)— | 35 |
(a) for “fourteen days at least previous to the holding of the petty | |
sessions at which such application is intended to be made” substitute | |
“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 | 40 |
(c) omit “, and assembled in petty sessions,”. | |
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24 Paragraphs 20 to 23 extend only to England and Wales. | |
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”. | 5 |
26 In section 6 (interpretation), for “the word “justices” shall include all persons | |
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 | 10 |
“acting together:”. | |
(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:”. | 15 |
(2) This paragraph does not extend to Northern Ireland. | |
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. | 20 |
Cemeteries Clauses Act 1847 (c. 65) | |
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) | 25 |
31 (1) In section 3 (interpretation), omit the words from “The word “justice”” to | |
“acting together:”. | |
(2) This paragraph does not extend to Northern Ireland. | |
Hares Act 1848 (c. 29) | |
32 In section 2 (registration of authorisation)— | 30 |
(a) for “clerk of the magistrates acting for the petty sessions area” | |
substitute “designated officer for the local justice area”, and | |
(b) for “clerk of the magistrates as” substitute “designated officer as”. | |
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