Explanatory Notes

Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

19th July 2007

Part 7: Miscellaneous

Commentary on Sections: Part 7

Section 139: Enforcement by enforcement officers

641.This section amends the Lands Clauses Consolidation Act 1845 and the Compulsory Purchase Act 1965 to enable writs of possession issued to enforce compulsory purchase orders to be executed by High Court enforcement officers.

642.This change aligns the enforcement of compulsory purchase orders with the regime for enforcing High Court writs of execution contained in section 99 of and Schedule 7 to the Courts Act 2003. It does not remove the right of a sheriff to enforce a writ of possession issued to enforce a compulsory purchase order, should one be directed to him and should he wish to enforce it. The section removes the obligation, with the attendant legal responsibilities and liabilities, to enforce such writs of possession (High Sheriffs being unpaid volunteers who are appointed annually).