Search Legislation

Road Traffic Act 1991

Status:

This is the original version (as it was originally enacted).

78Enforcement

(1)In this section—

  • “certificated bailiff”, means any person authorised to act as such under subsection (6) below; and

  • “a Part II debt” means any sum which is—

    (a)

    payable under, or by virtue of, any provision of this Part of this Act; and

    (b)

    recoverable as if it were payable under a county court order.

(2)The Lord Chancellor may by order make provision—

(a)for warrants of execution in respect of Part II debts, or such class or classes of Part II debts as may be specified in the order, to be executed by certificated bailiffs;

(b)as to the requirements which must be satisfied before any person takes, with a view to enforcing the payment of—

(i)a Part II debt; or

(ii)such class or classes of Part II debts as may be so specified,

any other step of a kind specified by the order.

(3)Any such order may make such incidental and supplemental provision (including modifications of any enactment other than this Act) as the Lord Chancellor considers appropriate in consequence of the provision made by that order under subsection (2) above.

(4)The Lord Chancellor may by regulations make provision in connection with the certification of bailiffs under this section and the execution of warrants of execution by such bailiffs.

(5)The regulations may, in particular, make provision—

(a)as to the security (if any) to be required from certificated bailiffs;

(b)as to the fees and expenses payable with respect to executions by certificated bailiffs; and

(c)for the suspension or cancellation of certificates issued under this section and with respect to the effect of any such suspension or cancellation.

(6)For the purposes of this section, a person is a certificated bailiff if he is authorised to act as such by a certificate signed—

(a)by a judge assigned to a county court district; or

(b)in such circumstances as may be specified in regulations made by the Lord Chancellor, by a district judge.

(7)Any person who is not a certificated bailiff but who purports to levy a distress as such a bailiff, and any person authorising him to levy it, shall be deemed to have committed a trespass.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

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 enacted 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