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Courts Bill [HL]


Courts Bill [HL]
Schedule 6 — High Court writs of execution

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and 8 for “a Circuit judge or, in Northern Ireland, a county court judge”

substitute “—

                      (a)                     a Circuit judge or a District Judge (Magistrates’ Courts), or

                      (b)                     in Northern Ireland, a county court judge,”.

Armed Forces Act 2001 (c. 19)

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  15       In section 6(2)(a) (applications for access to excluded or special procedure

material), for “circuit judges” substitute “judges”.

Schedule 6

Section 97

 

High Court writs of execution

Enforcement officers: general

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Districts for writs of execution enforced by enforcement officers

  1       (1)      England and Wales is to be divided into districts for the purposes of this

Schedule.

          (2)      The districts are to be those specified in regulations made under paragraph

12.

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Enforcement officers: authorisation and assignment to districts

  2       (1)      An enforcement officer is an individual who is authorised to act as such by

the Lord Chancellor or a person acting on his behalf.

          (2)      The Lord Chancellor or a person acting on his behalf must assign at least one

enforcement officer to each district.

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          (3)      The Lord Chancellor or a person acting on his behalf may—

              (a)             assign an enforcement officer to more than one district, and

              (b)             change any assignment of an enforcement officer so that he is

assigned to a different district or to different districts.

Direction of writs of execution to enforcement officers

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  3       (1)      A writ of execution issued from the High Court may be directed—

              (a)             if only one enforcement officer is assigned to the district in which the

writ is to be executed, to that officer,

              (b)             if two or more enforcement officers are assigned to that district, to

those officers collectively, or

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              (c)             to a named enforcement officer who, whether or not assigned to that

district, has undertaken to execute the writ.

          (2)      In this paragraph “writ of execution” does not include—

              (a)             a writ of sequestration, or

              (b)             a writ relating to ecclesiastical property.

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Courts Bill [HL]
Schedule 6 — High Court writs of execution

    81

 

Enforcement officers to have traditional powers etc. of sheriff

  4       (1)      This paragraph applies in relation to writs directed to one or more

enforcement officers under paragraph 3.

          (2)      The relevant officer has, in relation to the writ, the duties, powers, rights,

privileges and liabilities that a sheriff of a county would have had at

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common law if—

              (a)             the writ had been directed to him, and

              (b)             the district in which it is to be executed had been within his county.

          (3)      “The relevant officer” means—

              (a)             if the writ is directed to a single enforcement officer under paragraph

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3(1)(a) or (c), that officer;

              (b)             if the writ is directed to two or more enforcement officers collectively

under paragraph 3(1)(b), the officer to whom, in accordance with

approved arrangements, the execution of the writ is allocated.

          (4)      Sub-paragraph (2) applies to a person acting under the authority of the

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relevant officer as it applies to the relevant officer.

          (5)      In this Schedule “approved arrangements” means arrangements approved

by the Lord Chancellor or a person acting on his behalf.

Constable’s duty to assist enforcement officers

  5        It is the duty of every constable, at the request of—

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              (a)             an enforcement officer, or

              (b)             a person acting under the officer’s authority,

           to assist the officer or that person in the execution of a writ.

Writs of execution against goods

Application of paragraphs 7 to 11

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  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

  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.

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          (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

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

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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

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.

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Courts Bill [HL]
Schedule 6 — High Court writs of execution

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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 6 — High Court writs of execution

    83

 

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 (c. 45).

 

 

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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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—

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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 7

Section 107

 

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—

              (a)             “under the hand and seal”, and

              (b)             “of the commission area wherein such common field lands shall lie”.

 

 

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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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,

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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.”

Ordnance Survey Act 1841 (c. 30)

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  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

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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

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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,”,

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              (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

 

 

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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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”.

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          (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”,

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              (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

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              (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;

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                    (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

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“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”.

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  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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