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The Enforcement of Road Traffic Debts Order 1993

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Enforcement of specified debts

15.—(1) Subject to paragraph (2), a warrant of execution against goods issued by an authority shall bind the property in the goods of the respondent from the time at which the warrant was issued to the enforcement officer.

(2) Such a warrant shall not prejudice the title to any goods of the respondent acquired by a person in good faith and for valuable consideration unless he had at the time when he acquired his title—

(a)notice that an application for the issue of a warrant of execution against the goods of the respondent had been made to the district judge of a county court and that the warrant issued on the application remained unexecuted in the hands of the district judge of that court or of another court to which the warrant had been sent for execution;

(b)notice that a writ of fieri facias or other writ of execution by virtue of which the respondent’s goods might be seized or attached had been delivered to and remained unexecuted in the hands of the sheriff; or

(c)notice that an authority had made a request to issue a warrant against the respondent’s goods and that the warrant issued after that request remained unexecuted.

(3) For the purposes of this article—

(a)“property” means the general property in goods, and not merely a special property;

(b)“sheriff” includes any officer charged with the enforcement of a writ of execution; and

(c)a thing shall be treated as done in good faith if it is done honestly whether it is done negligently or not.

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