The Courts Act 2003 (Commencement No. 3 and Transitional Provisions) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 15th March 2004 section 99 of and Schedule 7 to the Courts Act 2003, relating to High Court writs of execution, and the following minor and consequential amendments and repeals—

•   in Schedule 8, the amendments in paragraphs 5, 9, 61 (except for sub-paragraph (3)), 62, 63 (the first amendment only), 189, 264, 274, 275 and 295 to 298;

•   in Schedule 10, the repeals of sections 138, 138A and 138B of the Supreme Court Act 1981 and section 99(4)(b) of the County Courts Act 1984.

The Order also contains transitional provisions relating to the enforcement on or after 1st April 2004 (the date from which it is proposed to appoint enforcement officers under Schedule 7) of existing writs of execution which are directed to sheriffs. It is provided that any outstanding writ of execution directed to a sheriff but not executed by 1st April 2004 may be transferred to an enforcement officer for execution, without any requirement for the writ to be re-addressed to the enforcement officer by the court.