Search Legislation

The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of Magistrates’ Courts Rules

This section has no associated Explanatory Memorandum

1.  The Magistrates’ Courts Rules 1981(1) are amended as follows—

(a)In rule 2 (Interpretation), in paragraph (1), after the definition of “judgment summons” insert—

“the Schedule 12 procedure” means the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods and selling them to recover a sum of money).

(b)in rule 46 (Notice to defendant of fine or forfeited recognisance), in paragraph (1), for “distress” substitute “control”;

(c)in rule 53 (Notice to defendant before enforcing order), in paragraph (1), for “distress” substitute “control”;

(d)in rule 54 (Execution of distress warrant)—

(i)in paragraph (1)—

(aa)for “warrant of distress” substitute “warrant of control”;

(bb)in sub-paragraph (a), for “person against whom the distress is to be levied” substitute “debtor”; and

(cc)in sub-paragraph (b), for “levy the said sum by distress and sale of the goods belonging to the said person” substitute “recover the said sum from the debtor by way of the Schedule 12 procedure”;

(ii)in paragraph (2), for “person against whom the distress is to be levied” substitute “debtor”;

(iii)in paragraph (3), for “sum to be levied” substitute “debt”;

(iv)in paragraph (3B)—

(aa)for “warrant of distress” substitute “warrant of control”;

(bb)in sub-paragraph (a), for “person against whom the distress is to be levied” in both places where those words occur substitute “debtor”;

(cc)in sub-paragraph (b), for “sum for which distress is levied and the reason for the distress” substitute “debt and the reason for the use of the Schedule 12 procedure”; and

(dd)in sub-paragraph (c), for “person against whom the distress is to be levied” substitute “debtor”; and

(v)omit paragraphs (4) to (11);

(e)in rule 55 (Payment after imprisonment imposed), in paragraph (1)(a) and (c), for “distress” substitute “control”;

(f)in rule 65 (Particulars of fine enforcement to be entered in register), in paragraph (2)(e), for “distress” substitute “use of the Schedule 12 procedure”; and

(g)in rule 105 (Signature of forms prescribed by rules made under the Act of 1980), in paragraph (2), for “distress” substitute “control”.

(1)

S.I. 1981/552, as amended by S.I. 1990/1190 r.3(2), S.I. 1999/2765 r.2, S.I. 2001/167 r.3, S.I. 2001/610 rr.2,3,7, S.I. 2003/1236 rr.9, 29 and S.I. 2005/617, art. 2, Schedule paragraph 85.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources