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Courts Act 2003

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This is the original version (as it was originally enacted).

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

(c)to a named enforcement officer who, whether or not assigned to that district, has undertaken to execute the writ.

(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

5It 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.

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