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The Housing Administration (England and Wales) Rules 2018

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CHAPTER 6Enforcement procedures

Enforcement of court orders

4.37.—(1) In any housing administration proceedings, orders of the court may be enforced in the same manner as a judgment to the same effect.

(2) Where an order in housing administration proceedings is made, or any process is issued, by the county court, the order or process may be enforced, executed and dealt with by any hearing centre, as if it had been made or issued for the enforcement of a judgment or order to the same effect made by that hearing centre.

(3) This applies whether or not the other hearing centre is one in which such insolvency proceedings may be commenced.

(4) Where a warrant for the arrest of a person is issued by the High Court, the warrant may be discharged by the county court where the person who is the subject of the warrant—

(a)has been brought before a hearing centre in which housing administration proceedings may be commenced; and

(b)has given to the county court a satisfactory undertaking to comply with the obligations that apply to that person under the Act or these Rules.

Orders enforcing compliance

4.38.—(1) The court may, on application by the housing administrator, make such orders as it thinks necessary for the enforcement of obligations falling on any person in accordance with—

(a)paragraph 47 of Schedule B1; or

(b)section 235(1) of the Act.

(2) An order of the court under this rule may provide that all the costs of and incidental to the application for it are to be borne by the person against whom the order is made.

Warrants under section 236

4.39.—(1) When a person is arrested under a warrant issued under section 236(5), the arresting officer must as soon as reasonably practicable bring the arrested person before the court issuing the warrant in order that the arrested person may be examined.

(2) If the arrested person cannot immediately be brought up for examination, the officer must deliver that person into the custody of the governor of the prison named in the warrant (or where that prison is not able to accommodate the arrested person, the governor of such other prison with appropriate facilities which is able to accommodate the arrested person), who must keep the arrested person in custody and produce that person before the court as it may from time to time direct.

(3) After arresting the person named in the warrant, the officer must as soon as reasonably practicable report to the court the arrest or delivery into custody (as the case may be) and apply to the court to fix a venue for the arrested person’s examination.

(4) The court must appoint the earliest practicable time for the examination, and must—

(a)direct the governor of the prison to produce the arrested person for examination at the venue appointed; and

(b)as soon as reasonably practicable deliver notice of the venue to the housing administrator.

(5) Where any property in the arrested person’s possession is seized, the property must, in accordance with any directions of the court, be—

(a)delivered to whoever is specified in the warrant as authorised to receive it, or otherwise dealt with in accordance with the directions in the warrant; or

(b)kept by the officer after seizing it pending the receipt of written orders from the court as to its disposal.

(6) In this regulation references to property include books, papers and other documents and records.

(7) A warrant issued by the court under section 236 must be addressed to such officer of the High Court or of the county court as the warrant specifies, or to any constable.

(8) The person referred to in section 236(5) as the prescribed officer of the court is—

(a)in the case of the High Court, the tipstaff and the tipstaff’s assistants of the court; and

(b)in the case of the county court, a bailiff.

(1)

Section 235 was amended by paragraph 24 of Schedule 17 to the Enterprise Act 2002.

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