Search Legislation

Courts Act 2003

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Courts Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Courts Act 2003

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Section 99

SCHEDULE 7E+W[F1Enforcement of Certain Writs and WarrantsF1]

This schedulenoteType=Explanatory Notes has no associated
Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Enforcement officers: generalE+W

Districts for writs [F2and warrants] F2enforced by enforcement officersE+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

1(1)England and Wales is to be divided into districts for the purposes of this Schedule.E+W

(2)The districts are to be those specified in regulations made under paragraph 12.

Enforcement officers: authorisation and assignment to districtsE+W

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.E+W

(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 officersE+W

3(1)A writ of execution issued from the High Court may be directed—E+W

(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.

[F3Issue of certain warrants to enforcement officersE+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Sch. 7 para. 3A and cross heading inserted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. {140(2)}, 148(5); S.I. 2007/2709, art. 5(a)

3A(1)Sub-paragraph (2) applies for the purpose of identifying the enforcement officer to whom a warrant may be issued under—E+W

(a)section 91(1) of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands), or

(b)section 13(1) of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority).

(2)The enforcement officer, in relation to such a warrant, is—

(a)the enforcement officer assigned to a relevant district or, if two or more enforcement officers are assigned to that district, those officers collectively, or

(b)a named enforcement officer who, whether or not assigned to a relevant district, has undertaken to execute the warrant.

(3)In sub-paragraph (2), “a relevant district”, in relation to a warrant, means—

(a)the district where the land in respect of which the warrant was issued is situated, or

(b)if that land (being land in one ownership) is not situated wholly in one district, a district where any part of that land is situated.]

Enforcement officers to have traditional powers etc. of sheriffE+W

4(1)This paragraph applies in relation to writs directed to one or more enforcement officers under paragraph 3 [F4and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b)]F4 .E+W

(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.

[F5(1A)But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule.]

[F6F5(2A)The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—

(a)the warrant had been issued to him, and

(b)the district in which it is to be executed had been within his county.]

[F7F6(3)The relevant officer” means—

(a)in relation to a writ—

(i)if the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer;

(ii)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,

(b)in relation to a warrant—

(i)if the warrant is issued to a single enforcement officer in accordance with paragraph 3A(2)(a) or (b), that officer;

(ii)if the warrant is issued to two or more enforcement officers collectively in accordance with paragraph 3A(2)(a), the officer to whom, in accordance with approved arrangements, the execution of the warrant is allocated.]

[F8F7(4)Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer.]

F8(5)In this Schedule “approved arrangements” means arrangements approved by the Lord Chancellor or a person acting on his behalf.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Constable’s duty to assist enforcement officersE+W

5It is the duty of every constable, at the request of—E+W

(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 [F9or warrant]F9 .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Writs of execution against goodsE+W

Application of paragraphs 7 to 11E+W

[F10(1)Paragraph 7 applies to any writ of execution against goods which is issued from the High Court.

(2)Paragraphs 8 to 11—

(a)do not apply to any writ that confers power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, but

(b)apply to any other writ of execution against goods which is issued from the High Court.F10]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Endorsement of writ with date and time of receiptE+W

7(1)If the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer must endorse it as soon as possible after receiving it.E+W

(2)If the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the individual who, in accordance with approved arrangements, is responsible for allocating its execution to one of those officers, must endorse it as soon as possible after receiving it.

(3)If the writ is directed to a person who is not an enforcement officer but is under a duty to execute it, that person must endorse it as soon as possible after receiving it.

(4)For the purposes of this paragraph, a person endorses a writ by endorsing on the back of it the date and time when he received it.

(5)No fee may be charged for endorsing a writ under this paragraph.

Effect of writE+W

8(1)Subject to sub-paragraph (2), the writ binds the property in the goods of the execution debtor from the time when the writ is received by the person who is under a duty to endorse it.E+W

(2)The writ does not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration.

(3)Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—

(a)the writ, or

(b)any other writ by virtue of which the goods of the execution debtor might be seized or attached,

had been received by the person who was under a duty to endorse it but had not been executed.

(4)Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—

(a)an application for the issue of a warrant of execution against the goods of the execution debtor had been made to the district judge of a county court, and

(b)the warrant issued on the application—

(i)remained unexecuted in the hands of the district judge of the court from which it was issued, or

(ii)had been sent for execution to, and received by, the district judge of another county court and remained unexecuted in the hands of that district judge.

(5)

[F11In sub-paragraph (1) “property” means the general property in goods (and not merely a special property).]

F11F11(6)For the purposes of sub-paragraph (2) a thing shall be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).

(7)Any reference in this paragraph to the goods of the execution debtor includes anything else of his that may lawfully be seized in execution.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Seizure of goodsE+W

9(1)This paragraph applies where an enforcement officer or other person who is under a duty to execute the writ is executing it.E+W

(2)The officer may, by virtue of the writ, seize—

(a)any goods of the execution debtor that are not exempt goods, and

(b)any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the execution debtor.

(3)Exempt goods” means—

(a)such tools, books, vehicles and other items of equipment as are necessary to the execution debtor for use personally by him in his employment, business or vocation;

(b)such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the execution debtor and his family.

Sale of goods seizedE+W

10(1)This paragraph applies if—E+W

(a)a writ of execution has been issued from the High Court,

(b)goods are seized under the writ by an enforcement officer or other person under a duty to execute it, and

(c)the goods are to be sold for a sum which, including legal incidental expenses, exceeds £20.

(2)The sale must be—

(a)made by public auction, and not by bill of sale or private contract, unless the court otherwise orders, and

(b)publicly advertised on, and during the three days preceding, the day of sale.

(3)If the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by Civil Procedure Rules has been given to the other execution creditor or creditors.

(4)An execution creditor given notice under sub-paragraph (3) is entitled—

(a)to appear before the court, and

(b)to be heard on the application for the order.

Protection of officers selling seized goodsE+W

11(1)This paragraph applies if—E+W

(a)a writ of execution has been issued from the High Court,

(b)goods in the possession of an execution debtor are seized by an enforcement officer or other person under a duty to execute the writ, and

(c)the goods are sold by that officer without any claims having been made to them.

(2)If this paragraph applies—

(a)the purchaser of the goods acquires a good title to them, and

(b)no person is entitled to recover against the officer or anyone acting under his authority—

(i)for any sale of the goods, or

(ii)for paying over the proceeds prior to the receipt of a claim to the goods,

unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable enquiry have ascertained, that the goods were not the property of the execution debtor.

(3)Nothing in this paragraph affects the right of a lawful claimant to any remedy to which he is entitled against any person other than the enforcement officer or other officer charged with the execution of the writ.

(4)Lawful claimant” means a person who proves that at the time of sale he had a title to any goods seized and sold.

(5)This paragraph is subject to sections 183, 184 and 346 of the Insolvency Act 1986.

SupplementaryE+W

RegulationsE+W

12(1)The Lord Chancellor may make regulations for the purpose of giving effect to the provisions of this Schedule that relate to enforcement officers.E+W

(2)The regulations may, in particular, make provision as to—

(a)conditions to be met by individuals seeking to be authorised to act as enforcement officers;

(b)the circumstances in which authorisations may be terminated;

(c)the procedures to be followed in relation to the assignment of enforcement officers or changes in their assignments;

(d)the publication of—

(i)lists of enforcement officers assigned to each district, and

(ii)addresses to which writs of execution issued from the High Court to enforcement officers [F12, or warrants issued to enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b),]F12 may be sent.

(3)Subject to paragraph 7(5) the regulations may make provision for the determination of fees that may be charged by enforcement officers.

(4)Before making any regulations under this paragraph, the Lord Chancellor must consult—

(a)the Lord Chief Justice,

(b)the Master of the Rolls,

[F13(ba)the President of the Queen's Bench Division,

(c)the President of the Family Division,

(d)the Chancellor of the High Court, and]

F13(e)the Head of Civil Justice.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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 enactedversion 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