Search Legislation

The Magistrates' Courts (Amendment) Rules 2001

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendments to the Magistrates' Courts Rules 1981

3.  (1)  In rule 54(1), for “authorised persons” there shall be substituted “civilian enforcement officers”.

(2) After rule 54(3) there shall be inserted—

(3A) A warrant to which this rule applies may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—

(a)a constable for any police area in England and Wales, acting in his own police area;

(b)where the warrant is one to which section 125A of the Act of 1980 applies, a civilian enforcement officer within the meaning of section 125A of the Act of 1980;

(c)where the warrant is one to which section 125A of the Act of 1980 applies, any of the individuals described in section 125B(1) of the Act of 1980;

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

(3B) A person executing a warrant of distress shall—

(a)either—

(i)if he has the warrant with him, show it to the person against whom the distress is levied, or

(ii)otherwise, state where the warrant is and what arrangements may be made to allow the person against whom distress is levied to inspect it;

(b)explain, in ordinary language, the sum for which distress is levied and the reason for the distress;

(c)where the person executing the warrant is one of the persons referred to in paragraph (3A)(b) or (c) above, show the person against whom distress is levied a written statement under section 125A(4) of 125B(4) as appropriate; and

(d)in any case, show documentary proof of his identity..

(3) After rule 54(5) there shall be inserted—

(5A) The clerk of the court which issued the warrant may, on the application of the person charged with the execution of it, extend the period within which the distress must be sold by any number of days not exceeding 60; but following the grant of such an application there shall be no further variation or extension of that period..

(4) In rule 54(9), (10) and (11) the words “constable or other” shall be omitted wherever they occur.

Back to top

Options/Help

Print Options

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.

Close

Opening Options

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

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 made 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