Courts Act 2003 (c. 39)

(The document as of February, 2008)

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Effect of payment

7 (1) Where a work order has been made in respect of any sum--

(a) on payment of the whole of the sum to any person authorised to receive it, the work order ceases to have effect, and

(b) on payment of part of the sum to any such person, the number of hours specified in the order is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole of the relevant sum.

(2) In calculating any reduction required by sub-paragraph (1)(b), any fraction of an hour is to be disregarded.

Revocation or variation of order

8 (1) If, on the application of the fines officer, it appears to the relevant court that P is failing or has failed to comply with a work order without reasonable excuse, the court must revoke the order.

(2) If, on the application of the fines officer, it appears to the relevant court--

(a) that P has failed to comply with a work order but has a reasonable excuse for the failure, or

(b) that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with a work order,

the court may revoke the order or postpone the specified date.

(3) The relevant court may of its own motion revoke a work order if it appears to the court that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with the order.

(4) A work order may be revoked under any of sub-paragraphs (1) to (3), or varied under sub-paragraph (2), before the specified date (as well as on or after that date).

(5) Regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends the court to which an application has been made under sub-paragraph (1) or (2).

Allowing for work done

9 (1) If it appears to the court revoking a work order under paragraph 8(1), (2) or (3) that P has performed at least one hour of unpaid work in accordance with the instructions of the fines officer, the court must by order specify the number of hours of work that have been performed; and for this purpose any fraction of an hour is to be disregarded.

(2) Where the court has specified a number of hours under this paragraph, P's liability to pay the relevant sum is discharged to the extent of the prescribed hourly sum in respect of each hour.

Effect of revocation

10 (1) Where a work order is revoked under paragraph 8(1), (2) or (3), immediate payment of the relevant sum (subject to any reduction under paragraph 9(2)) may be enforced against P.

(2) Sub-paragraph (1) does not limit the court's power, on or after the revocation of the work order, to allow time for payment or to direct payment by instalments.

Order not directly enforceable

11 The obligations of P under a work order are not enforceable against him except by virtue of paragraph 10(1).

Evidence of supervisor

12 (1) This paragraph applies where--

(a) it falls to a court to determine whether P has performed unpaid work in accordance with a work order, and

(b) the court is satisfied--

(i) that the supervisor is likely to be able to give evidence that may assist the court in determining that matter, and

(ii) that the supervisor will not voluntarily attend as a witness.

(2) The court may issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence.

Provision of information

13 Regulations may--

(a) require a work order to contain prescribed information,

(b) require the court making a work order to give a copy of the order to such persons as may be prescribed, and

(c) require the court revoking or varying a work order to give notice of the revocation or variation to such persons as may be prescribed.

Section 99

SCHEDULE 7 High Court writs of execution

Enforcement officers: general

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.

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.

(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

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

(2) In this paragraph "writ of execution" does not include--

(a) a writ of sequestration, or

(b) a writ relating to ecclesiastical property.

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 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 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 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--

(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

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.

(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 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.

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 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 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--

(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 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 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.

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

(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 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.

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

(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.

(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--

(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,

(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

(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

(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.

(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.

(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 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;

(b) the circumstances in which authorisations may be terminated;

(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 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,

(d) the Vice-Chancellor, and

(e) the Head of Civil Justice.

Section 109(1)

SCHEDULE 8 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".

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".

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".

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 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, 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)

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)

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 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 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,",

(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.

(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.

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--

(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",

(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' court".

(4) After that subsection insert--

" (2) The days are--

(a) Saturday or Sunday;

(b) Christmas Day or Good Friday;

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 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 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".

(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, 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 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)--

(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

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".

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 "acting together:".