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Administration of Justice Act 1956

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This is the original version (as it was originally enacted).

37Goods protected from seizure in execution

(1)In section eight of the Small Debts Act, 1845, and section one hundred and twenty-one of the County Courts Act, 1934 (which protect wearing apparel, bedding and tools to the value of five pounds from seizure in execution) for the words " the value of five pounds " there shall be substituted the words

the prescribed value.

(2)The prescribed value for the purposes of the said sections eight and one hundred and twentyone shall be twenty pounds or such larger amount as may be prescribed by order of the Lord Chancellor, and section four of the Law of Distress Amendment Act, 1888 (which provides, by reference to the said section one hundred and twenty-one, a similar protection in the case of distress for rent) shall have effect accordingly.

(3)The extent to which goods and chattels are protected from seizure under distresses ordered by a magistrates' court shall, as well in cases in which such courts have jurisdiction by virtue of the Employers and Workmen Act, 1875, as in other cases, be wholly determined by the rules made under section fifteen of the Justices of the Peace Act, 1949, as extended by section one hundred and twenty-two of the Magistrates' Courts Act, 1952, and the rules in force under the said section fifteen as so extended at the time of the coming into force of this section shall have effect accordingly; and accordingly in section nine of the Employers and Workmen Act, 1875, the words " and no goods or chattels shall be taken under a distress ordered by a court of summary jurisdiction which might not be taken under an execution issued by a county court" are hereby repealed.

(4)The proviso to section one hundred and fifty-two of the County Courts Act, 1934 (which relates to execution under an administration order and protects household goods, wearing apparel, bedding and tools to the value of twenty pounds) shall cease to have effect, and section one hundred and twenty-one of that Act shall apply accordingly on an execution under the said section one hundred and fifty-two.

(5)Any order of the Lord Chancellor under this section may be varied or revoked by a subsequent order of the Lord Chancellor.

(6)The power of the Lord Chancellor to make orders under this section shall be exercisable by statutory instrument.

(7)Any such statutory instrument shall be laid before Parliament after being made.

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