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Courts Bill [HL]


Courts Bill [HL]
Schedule 5 — High Court writs of execution

    74

 

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

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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

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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—

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              (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

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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

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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.

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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

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              (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

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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.

 

 

Courts Bill [HL]
Schedule 5 — High Court writs of execution

    75

 

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

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              (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

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              (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

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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

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  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

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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

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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

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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.

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          (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.

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    76

 

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—

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              (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;

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              (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

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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,

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              (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

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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),

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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),

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omit “of the commission area wherein such common field lands shall lie”.

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    77

 

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) 

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  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)

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  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”,

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              (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”.

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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”.

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    78

 

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)

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  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”

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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

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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

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                    (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

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“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—

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              “(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.”

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Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    79

 

  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),

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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”.

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  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)—

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              (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

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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)

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  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)

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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

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area”.

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    80

 

  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.

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          (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””.

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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

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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

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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”.

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  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)—

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              (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

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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”.

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