Administration of Justice Act 1965

22 Execution.

(1) Section 26(1) of the [1894 c. 71 (56 & 57 Vict.).] Sale of Goods Act 1893 (which provides that a writ of execution against goods and chattels shall bind the property therein of the execution debtor as from the time when it is delivered to the sheriff, but that it shall not prejudice the title to the goods acquired by a person in good faith and for valuable consideration unless at the time when he acquired his title he had notice that the writ, or any other writ by virtue of which the goods of the execution debtor might be seized or attached, had been delivered to, and remained unexecuted in the hands of, the sheriff) shall, in the case of,—

(a) a warrant of execution which is issued after the commencement of this Act from a county court against the goods and chattels of a person and sent to the registrar of another county court for execution under the provisions of section 138 of the [1959 c. 22.] County Courts Act 1959;

(b) an execution which is issued after the commencement of this Act by a local court (as defined by section 140(3) of the said Act of 1959) against the goods and chattels of a person and sent to a county court to be enforced under that section;

have effect as if, for references to the time when the writ is delivered to the sheriff, there were substituted references to the time when it is received by the registrar of the court through which it is to be enforced, and the reference to a writ's having been delivered to, and remaining unexecuted in the hands of, the sheriff shall be construed accordingly.

(2) References in the said section 26 to the goods of the execution debtor shall, for the purposes of the application of that section to England and Wales, include references to anything else of his that may lawfully be seized in execution.

(3) Where a claim is made to, or in respect of, any goods seized in execution under process of a county court but the claimant does not comply with the requirements of section 135(1) of the County Courts Act 1959 as to making a deposit with, or giving security to, the bailiff, the goods shall (notwithstanding subsection (3) of that section) not be sold if the registrar decides that, in all the circumstances, the decision of the judge on the claim ought to be awaited.

(4) Section 138(3) of the County Courts Act 1959 (which provides that, where a warrant of execution is sent by the registrar of one county court to the registrar of another county court for execution under the provisions of that section, the judge of the court to which the warrant is sent shall have the same powers of staying the execution as has the judge of the court from which the warrant is sent) shall have effect with the omission of the words " the judge of " (in both places where those words occur).