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Tribunals, Courts and Enforcement Act 2007

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Tribunals, Courts and Enforcement Act 2007, Chapter 1 is up to date with all changes known to be in force on or before 22 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

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

Chapter 1E+WProcedure

62Enforcement by taking control of goodsE+W

(1)Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

(2)The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.

(3)Schedule 13—

(a)amends some powers previously called powers to distrain, so that they become powers to use that procedure;

(b)makes other amendments relating to Schedule 12 and to distress or execution.

(4)The following are renamed—

(a)writs of fieri facias, except writs of fieri facias de bonis ecclesiasticis, are renamed writs of control;

(b)warrants of execution are renamed warrants of control;

(c)warrants of distress, unless the power they confer is exercisable only against specific goods, are renamed warrants of control.

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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.

Commencement Information

I1S. 62(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(a)

I2S. 62(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(a)

I3S. 62(2)-(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

63Enforcement agentsE+W

(1)This section and section 64 apply for the purposes of Schedule 12.

(2)An individual may act as an enforcement agent only if one of these applies—

(a)he acts under a certificate under section 64;

(b)he is exempt;

(c)he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.

(3)An individual is exempt if he acts in the course of his duty as one of these—

(a)a constable;

(b)an officer of Revenue and Customs;

(c)a person appointed under section 2(1) of the Courts Act 2003 (c. 39) (court officers and staff).

(4)An individual is exempt if he acts in the course of his duty as an officer of a government department.

(5)For the purposes of an enforcement power conferred by a warrant, an individual is exempt if in relation to the warrant he is a civilian enforcement officer, as defined in section 125A of the Magistrates' Courts Act 1980 (c. 43).

(6)A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).

(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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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.

Commencement Information

I4S. 63 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

64Certificates to act as an enforcement agentE+W

(1)A certificate may be issued under this [F1section by a judge of the county court.]

(2)The Lord Chancellor must make regulations about certificates under this section.

(3)The regulations may in particular include provision—

(a)for fees to be charged for applications;

(b)for certificates to be issued subject to conditions, including the giving of security;

(c)for certificates to be limited to purposes specified by or under the regulations;

(d)about complaints against holders of certificates;

(e)about suspension and cancellation of certificates;

(f)to modify or supplement Schedule 12 for cases where a certificate is suspended or cancelled or expires;

(g)requiring courts to make information available relating to certificates.

(4)A certificate under section 7 of the Law of Distress Amendment Act 1888 (c. 21) which is in force on the coming into force of this section has effect as a certificate under this section, subject to any provision made by regulations.

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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)

F1Words in s. 64(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 46; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I5S. 64(1) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

I6S. 64(2)(3)(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(b)

I7S. 64(2)(3)(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(a)

65Common law rules replacedE+W

(1)This Chapter replaces the common law rules about the exercise of the powers which under it become powers to use the procedure in Schedule 12.

(2)The rules replaced include—

(a)rules distinguishing between an illegal, an irregular and an excessive exercise of a power;

(b)rules that would entitle a person to bring proceedings of a kind for which paragraph 66 of Schedule 12 provides (remedies available to the debtor);

(c)rules of replevin;

(d)rules about rescuing goods.

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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.

Commencement Information

I8S. 65 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

66Pre-commencement enforcement not affectedE+W

Where—

(a)by any provision of this Part a power becomes a power to use the procedure in Schedule 12, and

(b)before the commencement of that provision, goods have been distrained or executed against, or made subject to a walking possession agreement, under the power,

this Part does not affect the continuing exercise of the power in relation to those goods.

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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.

Commencement Information

I9S. 66 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

67Transfer of county court enforcementE+W

In section 85(2) of the County Courts Act 1984 (c. 28) (under which writs of control give the district judge, formerly called the registrar, power to execute judgments or orders for payment of money) for “the registrar shall be” substitute “ any person authorised by or on behalf of the Lord Chancellor is ”.

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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.

Commencement Information

I10S. 67 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

68Magistrates' courts warrants of controlE+W

In the Magistrates' Courts Act 1980 (c. 43) after section 125 insert—

125ZAWarrants of control

(1)This section applies to a warrant of control issued by a justice of the peace.

(2)The person to whom it is directed must endorse the warrant as soon as possible after receiving it.

(3)For the purposes of this section a person endorses a warrant by inserting on the back the date and time when he received it.

(4)No fee may be charged for endorsing a warrant under this section.

Annotations: Help about Annotation
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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.

Commencement Information

I11S. 68 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

69County court warrants of control etc.E+W

For section 99 of the County Courts Act 1984 substitute—

99Endorsement of warrants of control etc.

(1)This section applies to—

(a)a warrant of control issued under section 85(2);

(b)a warrant of delivery or of possession, but only if it includes a power to take control of and sell goods to recover a sum of money and only for the purposes of exercising that power.

(2)The person to whom the warrant is directed must, as soon as possible after receiving it, endorse it by inserting on the back the date and time when he received it.

(3)No fee may be charged for endorsing a warrant under this section.

Annotations: Help about Annotation
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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.

Commencement Information

I12S. 69 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

70Power of High Court to stay executionE+W

(1)If, at any time, the High Court is satisfied that a party to proceedings is unable to pay—

(a)a sum recovered against him (by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), or

(b)any instalment of such a sum,

the court may stay the execution of any writ of control issued in the proceedings, for whatever period and on whatever terms it thinks fit.

(2)The court may act under subsection (1) from time to time until it appears that the cause of the inability to pay has ceased.

(3)In this section a party to proceedings includes every person, whether or not named as a party, who is served with notice of the proceedings or attends them.

Annotations: Help about Annotation
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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.

Commencement Information

I13S. 70 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

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