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Courts Bill [HL]


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

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          (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.

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          (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—

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              (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,

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              (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

              (c)             the goods are sold by that officer without any claims having been

made to them.

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          (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

under his authority—

                    (i)                   for any sale of the goods, or

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                    (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

notice, or might by making reasonable enquiry have ascertained, that

the goods were not the property of the execution debtor.

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          (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.

          (4)      “Lawful claimant” means a person who proves that at the time of sale he had

a title to any goods seized and sold.

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          (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

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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

enforcement officers;

 

 

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

    76

 

              (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—

                    (i)                   lists of enforcement officers assigned to each district, and

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                    (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.

          (4)      Before making any regulations under this paragraph, the Lord Chancellor

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must consult—

              (a)             the Lord Chief Justice,

              (b)             the Master of the Rolls,

              (c)             the President of the Family Division,

              (d)             the Vice-Chancellor, and

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              (e)             the Head of Civil Justice.

Schedule 6

Section 99

 

Minor and consequential amendments

Parochial Libraries Act 1708 (c. 14) 

  1        In section 10 (warrant to search for lost books), omit “for the commission

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area”.

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

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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),

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

Sale of Farming Stock Act 1816 (c. 50)

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  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

which such land is situated”.

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

    77

 

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,

or division, as the case may be)”.

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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) 

  10       For section 75 (meaning of “magistrate”), substitute—

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       “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)

  11       In section 24 (proceedings with respect to licences on quitting service)—

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              (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”,

              (c)             for “magistrates’ court shall” substitute “magistrates’ courts do”, and

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              (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”.

Criminal Procedure Act 1865 (c. 18)

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  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

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“designated officer”.

Commons Act 1876 (c. 56)

  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

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peace”.

 

 

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

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Municipal Corporations Act 1882 (c. 50)

  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)

5

  17       In section 7(1) (declaration of office), for the words from “effect before”

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.”

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  18       In section 17 (disqualification from acting as justice of the peace), for “peace

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—

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                    (a)                      before one of the judges of Her Majesty’s High Court; or

                    (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).

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          (3)      In that subsection, for the words from “effect before” onwards substitute

“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.”

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          (4)      After that subsection insert—

              “(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

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person acting under the authority of an enforcement officer.”

  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.

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Local Government Act 1888 (c. 41)

  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”.

 

 

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

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Public Health Acts Amendment Act 1907 (c. 53)

  24       In section 94(7) (licensing of pleasure boats: appeals to magistrates’ court),

for “justices’ chief executive for the court” substitute “designated officer for

the court”.

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

5

  25       In section 3(4) (return of order to original court for further evidence to be

taken), omit “appointed for the same commission area”.

  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

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“the designated officer for the court or for any other magistrates’ court”.

          (3)      In subsection (6A)—

              (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

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other magistrates’ court”, and

              (b)             in paragraph (c), in the words to be regarded as replaced in section

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

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relation to Northern Ireland by section 11.

Children and Young Persons Act 1933 (c. 12)

  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”.

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  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)

substitute “magistrates’ court”.

          (3)      In subsection (1A), for “justices’ chief executive for” substitute “designated

officer for”.

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  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

area”.

  30       Omit section 101 (application of Summary Jurisdiction Acts).

  31       In section 102(1) (appeals to Crown Court), for “court of summary

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jurisdiction” substitute “magistrates’ court”.

Prevention of Damage by Pests Act 1949 (c. 55)

  32      (1)      Amend section 15 (appeal against directions) as follows.

          (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

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or container is for the time being situated”.

 

 

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

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          (3)      In subsection (5), for “from “to a court” to the end of the subsection”

substitute ““to a court of summary jurisdiction””.

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”.

5

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

petty sessions area or place within which the land to which the notice relates

is situated”.

Maintenance Orders Act 1950 (c. 37)

10

  35      (1)      Amend section 18 (enforcement of registered orders) as follows.

          (2)      In subsection (2ZA), in the subsection to be regarded as substituted for

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”.

15

          (3)      In subsection (2B)(a), for “justices’ chief executive” substitute “designated

officer”.

  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

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England and Wales”.

          (3)      In subsection (1E)—

              (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

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magistrates’ court”, and

              (b)             in paragraph (b), in the words to be regarded as replaced in section

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’

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chief executive” substitute “the designated officer for a magistrates’ court in

England and Wales”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

  38      (1)      In Schedule 2 (paying authorities under Part 5), omit Part 2.

          (2)      Nothing in sub-paragraph (1) is to be read as amending Schedule 2 as it

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extends to Northern Ireland.

Prison Act 1952 (c. 52)

  39      (1)      Amend section 19 (right of justice to visit prison) as follows.

          (2)      In subsection (1), for “for any commission area” substitute “assigned to any

local justice area”.

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

    81

 

          (3)      In subsection (2), omit “or to visit any prisoner under sentence of death”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

  40       In—

              (a)             section 189(3A)(a) (fee for certificate on delivery into military

custody of person dealt with by court of summary jurisdiction as

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illegally absent), and

              (b)             section 199(4)(a) (certificate as proof of outcome of civil trial),

           for “justices’ chief executive” substitute “designated officer”.

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

  41       In—

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              (a)             section 189(3A)(a) (fee for certificate on delivery into air force

custody of person dealt with by court of summary jurisdiction as

illegally absent), and

              (b)             section 199(4)(a) (certificate as proof of outcome of civil trial),

           for “justices’ chief executive” substitute “designated officer”.

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Naval Discipline Act 1957 (c. 53)

  42       In—

              (a)             section 110(2A)(a) (fee for certificate on delivery into naval custody

of person dealt with by court of summary jurisdiction as illegally

absent), and

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              (b)             section 129B(4)(a) (certificate as proof of outcome of civil trial),

           for “justices’ chief executive” substitute “designated officer”.

Maintenance Orders Act 1958 (c. 39)

  43      (1)      Amend section 2 (registration of orders) as follows.

          (2)      In subsection (2)(b), for “justices’ chief executive for” substitute “designated

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officer for”.

          (3)      In subsection (5), for “of, or justices’ chief executive for,” substitute “of, or

for,”.

          (4)      In subsection (6), for “a justices’ chief executive” (in both places) substitute

“the designated officer for a magistrates’ court”.

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          (5)      In subsection (6ZA), for “a justices’ chief executive” substitute “the

designated officer for the court or for any other magistrates’ court”.

          (6)      In subsection (6ZC), for “a justices’ chief executive” substitute “the

designated officer for a magistrates’ court”.

  44       In section 3(3A) (requirement of person liable under order to notify change

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of address), for “justices’ chief executive for” substitute “designated officer

for”.

  45       In section 4(5B) (variation of orders registered in magistrates’ courts)—

              (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”

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