Legalize / United Kingdom / Public General Act

Courts Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2024-05-02

State In force

Department Statute Law Database

Source legislation.gov.uk

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SCHEDULE 2

Part 1 — Property transfer schemes

Property transfer schemes: general

1

(1) The Lord Chancellor may make a scheme or schemes for the transfer to him or another Minister of the Crown of any property, rights or liabilities—

(a) to which magistrates' courts committees are entitled or subject immediately before the appointed day, or

(b) to which any of the persons specified in sub-paragraph (2) is entitled or subject immediately before the appointed day and which then subsist for the purposes of, or in connection with, or are otherwise attributable to, magistrates' courts.

(2) The persons are—

(a) an authority which is a responsible authority for the purposes of the Justices of the Peace Act 1997;

(b) the Receiver for the Metropolitan Police District;

(d) the Common Council of the City of London;

(e) a police authority established under section 3 of the Police Act 1996;

(f) a local probation board;

(g) any other body which acts under any enactment or instrument for public purposes and not for its own profit.

(3) Without prejudice to the generality of paragraph (b) of sub-paragraph (1), any property, rights or liabilities are to be treated as falling within that paragraph if the Lord Chancellor issues a certificate to that effect.

(4) In this Schedule “property transfer scheme” means a scheme under sub-paragraph (1).

(5) In this Part of this Schedule “the appointed day” means—

(a) in the case of the transfer of property, rights or liabilities to which magistrates' courts committees are entitled or subject, the day immediately before the abolition day;

(b) in any other case, the day specified in the scheme.

(6) On the day which is the appointed day in relation to property, rights or liabilities to which provisions of a property transfer scheme apply, the property, rights and liabilities are transferred and vest in accordance with those provisions.

(7) In this Schedule “the abolition day” means the day appointed under section 110(1) for the coming into force of section 6(1) (abolition of magistrates' courts committees).

Property transfer schemes and terminated contracts of employment

2

A property transfer scheme may not transfer rights or liabilities under a contract of employment, except where the rights or liabilities—

(a) are those to which a magistrates' courts committee is entitled or subject, and

(b) relate to a person whose contract of employment was terminated before the appointed day.

Property transfer schemes: supplementary

3

(1) A property transfer scheme may provide for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme.

(2) A property transfer scheme may provide for the apportionment or division of any property, rights or liabilities.

(3) A property transfer scheme may—

(a) specify property, rights or liabilities to be transferred under or in accordance with the scheme, or

(b) provide for property, rights or liabilities to be transferred to be determined in accordance with the scheme.

4

(1) A property transfer scheme has effect in relation to the property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of any of the property, rights and liabilities.

(2) A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of a transfer under a property transfer scheme.

(3) In the case of such a transfer, any such right has effect as if the transferee were the same person in law as the transferor and as if the transfer had not taken place.

5

(1) Such compensation as is just is to be paid to a third party in respect of any right which would, apart from paragraph 4, have operated in favour of, or become exercisable by, him but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or become exercisable by him.

(2) Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor, by the transferee or by both.

(3) A property transfer scheme may provide for the determination of any disputes as to—

(a) whether, and (if so) how much, compensation is payable by virtue of sub-paragraph (1), and

(b) the person to whom or by whom it is to be paid.

(4) “Third party” means a person other than the transferor or the transferee.

6

Paragraphs 4 and 5 apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property; and references to the transferor and the transferee are to be read accordingly.

7

A certificate issued by the Lord Chancellor that any property, rights or liabilities have, or have not, been transferred under or in accordance with a property transfer scheme is conclusive evidence of the transfer, or of the fact that there has not been a transfer.

Stamp duty

8

(1) Stamp duty is not chargeable in respect of a transfer or grant effected under or in accordance with a property transfer scheme.

(2) No instrument made or executed for the purposes of such a transfer or grant is to be treated as duly stamped unless—

(a) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

(b) it is stamped with the duty to which it would be liable, apart from this paragraph.

Supplementary provisions in property transfer scheme

9

A property transfer scheme may make such supplemental, consequential or transitional provision for the purposes of, or in connection with, a transfer made by the scheme as the Lord Chancellor considers appropriate.

Part 2 — Staff transfers

Interpretation

10

In this Part of this Schedule—

(a) “TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794),

(b) “the appointed day” means the day immediately before the abolition day,

(c) references to a responsible authority are to an authority which is a responsible authority under the Justices of the Peace Act 1997,

(d) references to a responsible authority’s relevant functions are to its functions under that Act, and

(e) references to a transferred employee are to an employee transferred to the Lord Chancellor’s employment by virtue of paragraph 11 or 12.

Application of TUPE

11

For the purposes of TUPE—

(a) the functions of each magistrates' courts committee are to be treated as transferred on the appointed day from the committee to the Lord Chancellor, and

(b) each such transfer is to be treated as the transfer of an undertaking.

12

(1) For the purposes of TUPE—

(a) the relevant functions of each responsible authority are to be treated as transferred on the appointed day from the authority to the Lord Chancellor,

(b) each such transfer is to be treated as the transfer of an undertaking, and

(c) each person falling within sub-paragraph (2) (but no other person) is to be treated as employed in the undertaking immediately before the appointed day.

(2) A person falls within this sub-paragraph if—

(a) immediately before the appointed day he is employed by the responsible authority under a contract of employment,

(b) he spends a substantial part of his time on duties connected with the relevant functions of the authority, and

(c) the Lord Chancellor certifies that in his opinion it is expedient that the person be transferred to the Lord Chancellor’s employment.

(3) Where TUPE applies by virtue of this paragraph, it applies as if regulation 5(4B) were omitted.

13

A reference in any enactment to a person appointed under section 2(1) includes a transferred employee.

Restrictions on employment of aliens not to apply to transferred employees

14

Nothing in—

(a) section 3 of the Act of Settlement,

(b) section 6 of the Aliens Restriction (Amendment) Act 1919, or

(c) any rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in a civil capacity under the Crown,

applies to the employment of a transferred employee by the Lord Chancellor following his transfer by virtue of paragraph 11 or 12.

Compensation for responsible authorities

15

The Lord Chancellor may, to the extent he thinks fit, compensate a responsible authority in respect of costs incurred by the authority as a result of this Act in respect of a person who—

(a) immediately before the appointed day is employed by the authority under a contract of employment, and

(b) spends part of his time on duties connected with the relevant functions of the authority,

but who is not transferred to the Lord Chancellor’s employment by virtue of paragraph 12.

Part 3 — Miscellaneous and supplementary

Continuing provision of court-houses, accommodation etc.

16

(1) The Lord Chancellor may by regulations provide that any petty sessional court-house or other accommodation specified in the regulations which immediately before the abolition day was being provided by—

(a) the council of an outer London borough, or

(b) the Common Council of the City of London,

pursuant to regulations made under paragraph 35 of Schedule 14 to the Access to Justice Act 1999 shall on and after that day be provided by that council to the Lord Chancellor for the performance of his functions under section 3.

(2) Regulations under sub-paragraph (1) may—

(a) prescribe terms and conditions, including conditions as to payment, on which any court-house or other accommodation is to be provided, and

(b) prohibit a council providing a court-house or other accommodation under sub-paragraph (1) from altering or extending it without the consent of the Lord Chancellor.

Assistance

17

It is the duty of each magistrates' courts committee, and each person falling within paragraph 1(2) to provide the Lord Chancellor with such information or assistance as he may reasonably require for the purposes of, or in connection with—

(a) the exercise of any powers exercisable by him in relation to a property transfer scheme, or

(b) Part 2 of this Schedule.

SCHEDULE 3

After section 8 of the 1980 Act, insert—

SCHEDULE 4

Criminal Justice Act 1967 (c. 80)

1

In section 9(5) (requirement for author of written statement to give evidence in person), for “by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone” substitute

by any of the following sitting alone— (a) a puisne judge of the High Court; (b) a Circuit judge; (c) a District Judge (Magistrates' Courts); (d) a Recorder.

Taxes Management Act 1970 (c. 9)

2

In—

(a) section 20D(1)(a) (meaning of “the appropriate judicial authority” in relation to England and Wales), and

(b) paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply with order under section 20BA),

after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

Juries Act 1974 (c. 23)

3

In section 9B, for subsection (3) (meaning of “the judge” for purposes of discharge of person incapable of acting effectively as juror) substitute—

(3) In this section and section 10 “the judge” means— (a) a judge of the High Court, (b) a Circuit judge, (c) a District Judge (Magistrates' Courts), or (d) a Recorder.

4

In section 10 (discharge of summons in case of doubt as to capacity to act effectively as juror) omit “and for this purpose “the judge” means any judge of the High Court or any Circuit judge or Recorder”.

Police and Criminal Evidence Act 1984 (c. 60)

5

In section 9(2A) (application of enactments relating to execution of process in Scotland or Northern Ireland to processes issued by a Circuit judge under Schedule 1 to 1984 Act), for “circuit judge” substitute “ judge ”.

6

(1) In Schedule 1 (applications for access to excluded or special procedure material) for “circuit judge”, in each place, substitute “ judge ”.

(2) After paragraph 16 insert—

(17) In this Schedule “judge” means a Circuit judge or a District Judge (Magistrates' Courts).

Computer Misuse Act 1990 (c. 18)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Data Protection Act 1998 (c. 29)

8

In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after “circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

Terrorism Act 2000 (c. 11)

9

In Schedule 5 (terrorist investigations: information)—

(a) in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”, and

(b) in paragraphs 5(4)(a) and 7(1)(b), after “Circuit judge” insert “ or the District Judge (Magistrates' Courts) ”.

10

In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

11

In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a Circuit judge,” substitute “ a Circuit judge or a District Judge (Magistrates' Courts), ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

12

In Schedule 2 (persons who have the appropriate permission), in paragraph 1(1)(a), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

Freedom of Information Act 2000 (c. 36)

13

In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

International Criminal Court Act 2001 (c. 17)

14

In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1) and 8 for “a Circuit judge or, in Northern Ireland, a county court judge” substitute

(a) a Circuit judge or a District Judge (Magistrates' Courts), or (b) in Northern Ireland, a county court judge,

Armed Forces Act 2001 (c. 19)

15

In section 6(2)(a) (applications for access to excluded or special procedure material), for “circuit judges” substitute “ judges ”.

SCHEDULE 5

Part 1 — Introductory

Application of Schedule

1

(1) This Schedule, apart from Part 3B, applies if a person aged 18 or over (“P”) is liable to pay a sum which is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by a conviction of a magistrates' court.

(2) Part 3B applies in a case where Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 (collection of fines etc.) applies.

(2) A sum payable under a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) is not to be regarded as a sum within sub-paragraph (1); but this Schedule applies in relation to such sums as provided in paragraphs 10A, 21(2), 25(2), 29(2) and 37(1A).

(3) For the purposes of this Schedule as it applies as mentioned in paragraph 1(2), “the fines officer” means any fines officer.

Meaning of “the sum due”

2

(1) In this Schedule “the sum due” means the sum adjudged to be paid as mentioned in paragraph 1(1), or (in a case where this Schedule applies as mentioned in paragraph 1(2)) the sum payable under a notice of conviction and penalty.

(2) For the purposes of this Schedule—

a “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction; and

“a sum required to be paid by a compensation order” means any sum required to be paid by an order made under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ; ...

“a sum required to be paid by an unlawful profit order” means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013

“a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.

Meaning of “existing defaulter” etc.

3

(1) For the purposes of this Schedule, P is an existing defaulter if it is shown that—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the sum due or any other sum is registered for enforcement against him as a fine under—

(i) section 71 of the Road Traffic Offenders Act 1988,

(ii) section 9 of the Criminal Justice and Police Act 2001, or

(iii) any other enactment specified in fines collection regulations,

(d) he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made , or

(e) the person is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

(2) For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.

(3) Sub-paragraph (2) is subject to sub-paragraph (4).

(4) Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) “Collection order” means an order made under Part 4 of this Schedule.

Part 2 — Immediate payment of fines: discounts

Application of Part

4

This Part applies if the court which is imposing the liability to pay the sum due concludes—

(a) that P should be required to pay the sum due immediately, and

(b) that he is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

Court’s duty in relation to discount

5

The court must make an order—

(a) stating its conclusions on the matters referred to in paragraph 4(b),

(b) stating the amount of the sum due, the amount of the fine and the amount of any other part of the sum due, and

The discount

6

(1) P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid in accordance with the terms of the order.

(2) The amount of the discount is to be determined in accordance with fines collection regulations, but must not be greater than 50% of the fine.

(3) The discount is given effect by extinguishing P’s liability to pay the part of the sum due that is equal to the amount of the discount.

Part 3 — Attachment of earnings orders and applications for benefit deductions

Application of Part

7

(1) This Part does not apply where the court is hearing P's case following an appeal under paragraph 23, 32 or , 37(9) or 37A(4).

(2) In the following provisions of this Part, “the relevant court” means—

(a) the court which is imposing the liability to pay the sum due, or

(b) . . . the magistrates' court responsible for enforcing payment of the sum due.

(3) For the purposes of this Schedule—

(a) an attachment of earnings order, or

(b) an application for benefit deductions,

is an order or application to secure the payment of the whole of the sum due.

8

(1) This paragraph applies if—

(a) paragraph 7A does not apply, and

(b) the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.

(2) The court must make an attachment of earnings order if it appears to the court—

(a) that P is in employment, and

(b) that it is not impracticable or inappropriate to make the order.

(3) The court must make an application for benefit deductions if it appears to the court—

(a) that P is entitled to a relevant benefit, and

(b) that it is not impracticable or inappropriate to make the application.

(4) If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.

9

(1) This paragraph applies if—

(a) paragraph 7A does not apply, and

(b) the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

(2) The court may make—

(a) an attachment of earnings order, or

(b) an application for benefit deductions,

if P consents.

Meaning of “relevant benefit” and “application for benefit deductions”

10

In this Schedule—

(a) “relevant benefit” means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from universal credit and income support etc.), and

(b) “application for benefit deductions”, in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.

Part 4 — Making of collection orders

Application of Part

11

(1) This Part applies whether or not the relevant court has made an attachment of earnings order or an application for benefit deductions under Part 3 of this Schedule.

(2) In this Part “the relevant court” has the same meaning as in Part 3 of this Schedule.

Court’s power to make a collection order

12

(1) The relevant court must make an order (“a collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order.

(2) If P is subject to a collection order, the powers of any court to deal with P’s liability to pay the sum due are subject to the provisions of this Schedule and to fines collection regulations.

Contents of collection orders: general

13

(1) The collection order must—

(a) state the amount of the sum due,

(aa) where that sum consists of or includes a fine, a sum required to be paid by a compensation order, a sum required to be paid by an unlawful profit order or a sum required to be paid by a slavery and trafficking reparation order, state—

(i) the amount of the fine, the amount required to be paid by the compensation order , the amount required to be paid by the unlawful profit order or the amount required to be paid by the slavery and trafficking reparation order (or, where that sum consists of or includes two or more of those amounts, each of those amounts),

(ii) the amount of any other part of the sum due,

(b) state the court’s conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,

(d) specify the fines office to which the order is allocated, and

(e) contain information about the effect of the order.

(2) In this Schedule “the fines officer”, in relation to P and a collection order, means any fines officer working at the fines office specified in the collection order.

Contents of collection orders: no attachment of earnings order etc. made

14

(1) If the relevant court has not under Part 3 made an attachment of earnings order or an application for benefit deductions, the collection order must state the payment terms.

(2) “The payment terms” means—

(a) a term requiring P to pay the sum due within a specified period, or

(b) terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.

Contents of collection orders: attachment of earnings order etc. made

15

(1) If the court has under Part 3 of this Schedule made an attachment of earnings order or an application for benefit deductions, the collection order must state the reserve terms.

(2) “The reserve terms” means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32 . . . and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.

When an attachment of earnings order fails

16

For the purposes of this Schedule, an attachment of earnings order fails if—

(a) P’s employer fails to comply with the order, or

(b) the order is discharged at a time when P remains liable to pay any part of the sum due.

When an application for benefit deductions fails

17

For the purposes of this Schedule, an application for benefit deductions fails if—

(a) the application is withdrawn,

(b) the Secretary of State decides not to make deductions,

(d) the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.

Part 5 — Discount where collection order made

Application of Part

18

This Part applies if—

(a) a collection order has been made in respect of the sum due, and

(b) the order states that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

Discount on fine if the sum due is paid without default

19

(1) P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid without P at any time having been in default on the order.

(2) The amount of the discount is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

(3) The discount is given effect by extinguishing P’s liability to pay the part of the sum due that is equal to the amount of the discount.

Meaning of “in default on a collection order”

20

For the purposes of this Schedule, P is in default on a collection order if he fails to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date on which it is required to be paid.

Part 6 — Variation of collection orders containing payment terms

Application of Part

21

(1) This Part applies if—

(a) the court has made a collection order, and

(b) the order contains payment terms but does not contain reserve terms.

(2) This Part also applies if a person (“P”) has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

(3) In the application of this Part in such a case—

(a) “collection order” means the notice of conviction and penalty;

(b) a reference to the collection order being made is a reference to the notice of conviction and penalty being given;

(c) “payment terms” means the requirements as to the time and manner of payment imposed under section 16L (2)(c) of the Magistrates’ Courts Act 1980.

Application to fines officer for variation of order or attachment of earnings order etc.

22

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P may at any time apply to the fines officer under this paragraph for —

(a) the payment terms to be varied, or

(b) an attachment of earnings order or application for benefit deductions to be made.

(3) No application may be made under sub-paragraph (2)(a) unless—

(a) there has been a material change in P’s circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or

(b) P is making further information about his circumstances available.

(4) On an application under sub-paragraph (2)(a), the fines officer may decide—

(a) to vary the payment terms ..., or

(b) not to vary them.

(4A) The fines officer may not vary the payment terms under sub-paragraph (4)(a) so that they are less favourable to P without P's consent.

(5) On an application under sub-paragraph (2)(b), the fines officer may decide—

(a) to make an attachment of earnings order or application for benefit deductions, or

(b) not to do so.

(6) If he decides to make an order or application he must vary the collection order so that it states reserve terms.

(7) The fines officer may not vary the order so that it states reserve terms which are less favourable to P than the payment terms without P's consent.

(8) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

(9) Subject to paragraph 23, the effect of—

(a) a decision under sub-paragraph (4)(a), and

(b) a variation under sub-paragraph (6),

is that the collection order has effect as varied by the fines officer.

Appeal against decision of fines officer

23

(1) P may, within 10 working days from the date of a decision under paragraph 22, appeal to the magistrates' court against the decision.

(2) On an appeal under this paragraph the magistrates' court may—

(a) confirm or vary the payment terms (or the reserve terms),

(b) if the appeal is against a decision on an application under paragraph 22(2)(b) or if P consents, make an attachment of earnings order or an application for benefit deductions, or

(3) If the court makes an attachment of earnings order or an application for benefit deductions, it must vary the collection order so that it states reserve terms.

Nature of power to vary terms of collection order

24

(1) A power to vary the payment terms of a collection order includes power to—

(a) substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or

(b) substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.

(2) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.

(3) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—

(a) the number of instalments payable;

(b) the amount of any instalment;

(4) This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.

Part 7 — Effect of first default on collection order containing payment terms

Application of Part

25

(1) This Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—

(a) an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order;

(b) an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a);

(2) This Part also applies on the first occasion on which a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

Attachment of earnings order or application for benefit deductions to be made

26

(1) The fines officer must make an attachment of earnings order if it appears to him—

(a) that P is in employment, and

(b) that it is not impracticable or inappropriate to make the order.

(2) The fines officer must make an application for benefit deductions if it appears to him—

(a) that P is entitled to a relevant benefit, and

(b) that it is not impracticable or inappropriate to make the application.

(3) If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.

Increase in fine

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of increase etc.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 8 — Operation of collection orders containing reserve terms

Application of Part

29

(1) This Part applies if—

(a) a collection order contains reserve terms, and

(b) the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.

(2) This Part also applies if (through the application of Part 6 by virtue of paragraph 21(2))—

(a) a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) contains reserve terms, and

(b) the attachment of earnings order or application for benefit deductions made under Part 6 fails.

Requirement to notify P on failure of an attachment of earnings order etc.

30

The fines officer must deliver to P a notice (“a payment notice”) informing P—

(a) that the order or application has failed and the reserve terms have effect,

(b) what P has to do to comply with the reserve terms, and

Application to fines officer for variation of reserve terms

31

(1) P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied.

(2) No application may be made under sub-paragraph (1) unless—

(a) there has been a material change in P’s circumstances since the reserve terms were set (or last varied under this paragraph), or

(b) P is making further information about his circumstances available.

(3) On such an application being made, the fines officer may decide—

(a) to vary the reserve terms ..., or

(b) not to vary them.

(3A) The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent.

(4) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

(5) Subject to paragraph 32, the effect of a decision under sub-paragraph (3)(a) is that the collection order has effect with the reserve terms varied in the way decided by the fines officer.

Appeal against decision of fines officer

32

(1) P may, within 10 working days from the date of a decision under paragraph 31(3), appeal to the magistrates' court against the decision.

(2) On an appeal under this paragraph the magistrates' court may—

(a) confirm or vary the reserve terms, or

(b) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines or other sums .

Increase in fine on first default

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of increase etc.

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 9 — FURTHER STEPS

Effect of compliance with requirement to contact fines officer

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to fines officer after increase for variation of payment terms

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of fines officer in relation to defaulters: referral or further steps notice

37

(1) This paragraph applies if—

(a) P is in default on a collection order,

(b) paragraph 26 does not apply, and

(i) an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order;

(ii) an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i);

(iii) a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).

(1A) This paragraph also applies if—

(a) a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980), and

(b) paragraph 26 does not apply.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The fines officer must—

(a) refer P’s case to the magistrates' court, or

(b) deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.

(7) Any steps that the fines officer wishes to be able to take must be specified in the notice.

(8) A further steps notice must be in writing and dated.

(9) P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.

The range of further steps available against defaulters

38

(1) The steps referred to in paragraphs 37(6)(b), 37A(3)(a) and 39(3) and (4) (powers to take further steps) are—

(a) issuing a warrant of control for the purpose of recovering the sum due;

(b) registering the sum in the register of judgments and orders required to be kept by section 98;

(d) subject to sub-paragraph (3), making a clamping order;

(e) taking proceedings by virtue of section 87(1) of the 1980 Act (enforcement of payment of fines by High Court and county court).

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A clamping order is an order—

(a) that a motor vehicle be fitted with an immobilisation device (“clamped”), and

(b) which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.

(3) A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 in P’s name.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of court after increase

39

(1) This paragraph applies if the magistrates' court is hearing P’s case following—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) On a referral falling within sub-paragraph (1)(b) , the court may—

(a) vary the payment terms (or the reserve terms);

(b) take any of the steps listed in paragraph 38;

(c) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines or other sums .

(4) On an appeal against a further steps notice or replacement notice , the court may—

(a) confirm or quash the notice;

(b) vary the notice so as to specify any step listed in paragraph 38;

(d) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines or other sums .

Implementation of further steps notice

40

If—

(a) P does not appeal within 10 working days against a further steps notice or replacement notice, or

(b) he does so but the further steps notice or replacement notice is confirmed or varied,

any step specified in the notice (or the notice as varied) may be taken and retaken.

Power to order sale of clamped vehicle

41

(1) This paragraph applies if—

(a) a motor vehicle has been clamped under a clamping order, and

(b) at the end of the period specified in fines collection regulations under paragraph 46 any part of the sum due is unpaid.

(2) The magistrates' court may order that—

(a) the vehicle is to be sold or otherwise disposed of in accordance with those regulations, and

(b) any proceeds are to be applied in accordance with those regulations in discharging P’s liability in respect of the sum due.

Power of fines officer to refer case to magistrates' court

42

(1) The fines officer may refer a case to the magistrates' court at any time during the period which—

(a) begins the day after the collection order is made, and

(b) ends with the date on which—

(i) the sum due (including any increase to which he remains liable) is paid, or

(ii) the order is discharged.

(2) On a referral under this paragraph, the court may—

(a) confirm or vary the payment terms (or the reserve terms),

(b) exercise any of its standard powers in respect of persons liable to pay fines or other sums, or

(2A) Where the court exercises any of its standard powers under sub-paragraph (2)(b) it may also discharge the order.

(3) Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P’s case has been referred under this paragraph or paragraph 37.

Part 10 — Supplementary provisions

Fines collection regulations

43

In this Schedule “fines collection regulations” means regulations made by the Lord Chancellor for the purpose of giving effect to this Schedule.

44

(1) Fines collection regulations may, for the purpose of giving effect to this Schedule and section 97 so far as it relates to this Schedule, make provision modifying (or applying with modifications) any enactment which relates to fines or the enforcement of payment of sums falling within paragraph 1 .

(2) The enactments which may be so modified (or applied with modifications) include enactments containing offences.

(3) Fines collection regulations may make different provision for different cases.

45

Fines collection regulations may, for the purpose of giving effect to the powers to make attachment of earnings orders, make provision as to the method for calculating the amounts which are to be deducted from P’s earnings.

46

(1) Fines collection regulations may, for the purpose of giving effect to the powers to make clamping orders and to order the sale of clamped motor vehicles, make provision in connection with—

(a) the fitting of immobilisation devices;

(b) the fitting of immobilisation notices to motor vehicles to which immobilisation devices have been fitted;

(d) the release of motor vehicles from immobilisation devices or from storage (including the conditions to be met before the vehicle is released);

(e) the sale or other disposal of motor vehicles not released.

(2) Fines collection regulations must provide that an immobilisation device may not be fitted to a vehicle—

(a) which displays a current disabled person’s badge ;or a current recognised badge , or

(b) in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.

(3) In this Schedule—

“disabled person’s badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts. “recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences of providing false information, failing to disclose information etc.

48

(1) P commits an offence if, in providing a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) to a fines officer in response to a relevant request, he—

(a) makes a statement which he knows to be false in a material particular,

(b) recklessly provides a statement which is false in a material particular, or

(2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) P commits an offence if he fails to provide a fines officer with a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by a relevant request.

(4) A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) A relevant request is a request for information about P’s financial circumstances (whether about P's assets, P's other financial circumstances or both) which—

(a) is made by a fines officer, and

(b) is expressed to be made for the purpose of determining whether or how the fines officer should vary the payment terms (or the reserve terms) of a collection order in P’s favour.

(6) Proceedings in respect of an offence under this paragraph may be commenced at any time within—

(a) 2 years from the date of the commission of the offence, or

(b) 6 months from its first discovery by the prosecutor,

whichever ends first.

Offence of meddling with vehicle clamp

49

(1) A person commits an offence if he removes or attempts to remove—

(a) an immobilisation device, or

(b) an immobilisation notice,

fitted or fixed to a motor vehicle in accordance with a clamping order made under a further steps notice or under paragraph 39(3)(b) (powers of court . . . ).

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Meaning of “standard powers in respect of persons liable to pay fines”

50

In this Schedule “standard powers in respect of persons liable to pay fines or other sums” means any power that a magistrates' court would have had if P had not been subject to a collection order but had been liable to pay the sum due.

Meaning of references to pending appeals

51

For the purposes of this Schedule the period during which an appeal under this Schedule is pending is to be treated as including the period within which the appeal may be brought (regardless of whether it is in fact brought).

Meaning of “10 working days”

52

In this Schedule “10 working days” means any period of 10 days not including—

(a) Saturday or Sunday,

(b) Christmas Day or Good Friday, or

Meaning of “the magistrates' court”

53

In this Schedule “the magistrates' court”, in relation to a collection order, means any magistrates' court acting in the local justice area in which the court which made the order was sitting.

SCHEDULE 6

Introductory

1

(1) This Schedule applies if a person aged 18 or over (“P”) is liable to pay a sum which is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by conviction of a magistrates' court.

(2) In this Schedule—

“the prescribed hourly sum” means such sum as may be prescribed by regulations;

“regulations” means regulations made under this Schedule by the Lord Chancellor;

“the relevant court” means—the court imposing the liability to pay the relevant sum, orif that liability has previously been imposed, the magistrates' court responsible for enforcing payment of the relevant sum;

“the relevant sum” means the sum for which P is liable as mentioned in sub-paragraph (1), but excluding any pecuniary compensation, any pecuniary forfeiture or any sum due in respect of prosecution costs.

Cases where work order may be made

2

(1) The relevant court may, on the application of a fines officer or of its own motion, make an order under this Schedule (a “work order”) where—

(a) it appears to the court that in view of P’s financial circumstances all the following methods of enforcing payment of the relevant sum are likely to be impracticable or inappropriate—

(i) a warrant of control under section 76 of the 1980 Act,

(ii) an application to the High Court or county court for enforcement under section 87 of the 1980 Act,

(iii) an order under section 88 of the 1980 Act,

(iv) an attachment of earnings order,

(v) an application for deductions to be made by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from universal credit and income support etc.), and

(vi) a collection order under Schedule 5 (including a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) in a case where, by virtue of paragraph 21(3) of Schedule 5, that notice is treated as a collection order),

(b) it appears to the court that P is a suitable person to perform unpaid work under this Schedule, and

(2) A court which is considering the making of a work order may issue a summons requiring P to appear before the court.

(3) A magistrates' court which is considering the making of a work order may order P to give to the court, within a specified period, such a statement of his assets and other financial circumstances as the court may require.

(4) Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of statement of assets and other financial circumstances) apply to an order made under sub-paragraph (3) as they apply to an order made under subsection (1) of that section.

Provisions of order

3

(1) A work order is an order requiring P to perform unpaid work for a specified number of hours, in accordance with instructions to be given by the fines officer, in order to discharge by virtue of this Schedule his liability for the relevant sum.

(2) The order must also—

(a) state the amount of the relevant sum,

(b) specify a fines office to which the order is allocated, and

(3) The specified number of hours is to be determined by dividing the relevant sum by the prescribed hourly sum and, where the result is not a whole number, adjusting the result upwards to the next whole number.

(4) A work order must specify a date (“the specified date”) not later than which the required hours of unpaid work must be performed.

(5) In the following provisions of this Schedule “the fines officer”, in relation to P, means any fines officer working at the fines office specified in the work order.

Effect of order on enforcement of payment

4

(1) Where a work order has been made in respect of the relevant sum, payment of that sum may not be enforced against P unless the order is revoked.

(2) On making a work order, the court must revoke any order relating to the enforcement of the payment of the relevant sum.

Appointment of, and duties of, supervisor

5

(1) A person may not be appointed as the supervisor without his consent.

(2) It is the duty of the supervisor—

(a) to monitor P’s compliance with the requirements of the work order, and

(b) to provide the court with such information as the court may require relating to P’s compliance with those requirements.

Obligations of person subject to work order, and effect of compliance

6

(1) Where a work order is in force, P must perform for the number of hours specified in the order such work, at such places and at such times as he may be instructed by the fines officer.

(2) The fines officer must ensure, as far as practicable, that any instructions given to P in pursuance of the work order are such as to avoid—

(a) any conflict with P’s religious beliefs, and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(3) If not later than the specified date P performs work in accordance with the instructions of the fines officer for the specified number of hours, his liability to pay the relevant sum is discharged.

Effect of payment

7

(1) Where a work order has been made in respect of any sum—

(a) on payment of the whole of the sum to any person authorised to receive it, the work order ceases to have effect, and

(b) on payment of part of the sum to any such person, the number of hours specified in the order is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole of the relevant sum.

(2) In calculating any reduction required by sub-paragraph (1)(b), any fraction of an hour is to be disregarded.

Revocation or variation of order

8

(1) If, on the application of the fines officer, it appears to the relevant court that P is failing or has failed to comply with a work order without reasonable excuse, the court must revoke the order.

(2) If, on the application of the fines officer, it appears to the relevant court—

(a) that P has failed to comply with a work order but has a reasonable excuse for the failure, or

(b) that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with a work order,

the court may revoke the order or postpone the specified date.

(3) The relevant court may of its own motion revoke a work order if it appears to the court that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with the order.

(4) A work order may be revoked under any of sub-paragraphs (1) to (3), or varied under sub-paragraph (2), before the specified date (as well as on or after that date).

(5) Regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends the court to which an application has been made under sub-paragraph (1) or (2).

Allowing for work done

9

(1) If it appears to the court revoking a work order under paragraph 8(1), (2) or (3) that P has performed at least one hour of unpaid work in accordance with the instructions of the fines officer, the court must by order specify the number of hours of work that have been performed; and for this purpose any fraction of an hour is to be disregarded.

(2) Where the court has specified a number of hours under this paragraph, P’s liability to pay the relevant sum is discharged to the extent of the prescribed hourly sum in respect of each hour.

Effect of revocation

10

(1) Where a work order is revoked under paragraph 8(1), (2) or (3), immediate payment of the relevant sum (subject to any reduction under paragraph 9(2)) may be enforced against P.

(2) Sub-paragraph (1) does not limit the court’s power, on or after the revocation of the work order, to allow time for payment or to direct payment by instalments.

Order not directly enforceable

11

The obligations of P under a work order are not enforceable against him except by virtue of paragraph 10(1).

Evidence of supervisor

12

(1) This paragraph applies where—

(a) it falls to a court to determine whether P has performed unpaid work in accordance with a work order, and

(b) the court is satisfied—

(i) that the supervisor is likely to be able to give evidence that may assist the court in determining that matter, and

(ii) that the supervisor will not voluntarily attend as a witness.

(2) The court may issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence.

Provision of information

13

Regulations may—

(a) require a work order to contain prescribed information,

(b) require the court making a work order to give a copy of the order to such persons as may be prescribed, and

(c) require the court revoking or varying a work order to give notice of the revocation or variation to such persons as may be prescribed.

SCHEDULE 7

Enforcement officers: general

Districts for writs of execution enforced by enforcement officers

1

(1) England and Wales is to be divided into districts for the purposes of this Schedule.

(2) The districts are to be those specified in regulations made under paragraph 12.

Enforcement officers: authorisation and assignment to districts

2

(1) An enforcement officer is an individual who is authorised to act as such by the Lord Chancellor or a person acting on his behalf.

(2) The Lord Chancellor or a person acting on his behalf must assign at least one enforcement officer to each district.

(3) The Lord Chancellor or a person acting on his behalf may—

(a) assign an enforcement officer to more than one district, and

(b) change any assignment of an enforcement officer so that he is assigned to a different district or to different districts.

Direction of writs of execution to enforcement officers

3

(1) A writ of execution issued from the High Court may be directed—

(a) if only one enforcement officer is assigned to the district in which the writ is to be executed, to that officer,

(b) if two or more enforcement officers are assigned to that district, to those officers collectively, or

(2) In this paragraph “writ of execution” does not include—

(a) a writ of sequestration, or

(b) a writ relating to ecclesiastical property.

Enforcement officers to have traditional powers etc. of sheriff

4

(1) This paragraph applies in relation to writs directed to one or more enforcement officers under paragraph 3 and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b) .

(1A) But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule.

(2) The relevant officer has, in relation to the writ, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—

(a) the writ had been directed to him, and

(b) the district in which it is to be executed had been within his county.

(2A) The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—

(a) the warrant had been issued to him, and

(b) the district in which it is to be executed had been within his county.

(3) “The relevant officer” means—

(a) in relation to a writ—

(i) if the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer;

(ii) if the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the officer to whom, in accordance with approved arrangements, the execution of the writ is allocated,

(b) in relation to a warrant—

(i) if the warrant is issued to a single enforcement officer in accordance with paragraph 3A(2)(a) or (b), that officer;

(ii) if the warrant is issued to two or more enforcement officers collectively in accordance with paragraph 3A(2)(a), the officer to whom, in accordance with approved arrangements, the execution of the warrant is allocated.

(4) Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer.

(5) In this Schedule “approved arrangements” means arrangements approved by the Lord Chancellor or a person acting on his behalf.

Constable’s duty to assist enforcement officers

5

It is the duty of every constable, at the request of—

(a) an enforcement officer, or

(b) a person acting under the officer’s authority,

to assist the officer or that person in the execution of a writ or warrant.

Writs of execution against goods

Application of paragraphs 7 to 11

6

(1) Paragraph 7 applies to any writ of execution against goods which is issued from the High Court.

(2) Paragraphs 8 to 11—

(a) do not apply to any writ that confers power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, but

(b) apply to any other writ of execution against goods which is issued from the High Court.

Endorsement of writ with date and time of receipt

7

(1) If the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer must endorse it as soon as possible after receiving it.

(2) If the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the individual who, in accordance with approved arrangements, is responsible for allocating its execution to one of those officers, must endorse it as soon as possible after receiving it.

(3) If the writ is directed to a person who is not an enforcement officer but is under a duty to execute it, that person must endorse it as soon as possible after receiving it.

(4) For the purposes of this paragraph, a person endorses a writ by endorsing on the back of it the date and time when he received it.

(5) No fee may be charged for endorsing a writ under this paragraph.

Effect of writ

8

(1) Subject to sub-paragraph (2), the writ binds the property in the goods of the execution debtor from the time when the writ is received by the person who is under a duty to endorse it.

(2) The writ does not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration.

(3) Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—

(a) the writ, or

(b) any other writ by virtue of which the goods of the execution debtor might be seized or attached,

had been received by the person who was under a duty to endorse it but had not been executed.

(4) Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—

(a) an application for the issue of a warrant of execution against the goods of the execution debtor had been made to the ... county court, and

(b) the warrant issued on the application remained unexecuted in the hands of a person charged with its execution.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of sub-paragraph (2) a thing shall be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).

(7) Any reference in this paragraph to the goods of the execution debtor includes anything else of his that may lawfully be seized in execution.

Seizure of goods

9

(1) This paragraph applies where an enforcement officer or other person who is under a duty to execute the writ is executing it.

(2) The officer may, by virtue of the writ, seize—

(a) any goods of the execution debtor that are not exempt goods, and

(b) any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the execution debtor.

(3) “Exempt goods” means—

(a) such tools, books, vehicles and other items of equipment as are necessary to the execution debtor for use personally by him in his employment, business or vocation;

(b) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the execution debtor and his family.

Sale of goods seized

10

(1) This paragraph applies if—

(a) a writ of execution has been issued from the High Court,

(b) goods are seized under the writ by an enforcement officer or other person under a duty to execute it, and

(2) The sale must be—

(a) made by public auction, and not by bill of sale or private contract, unless the court otherwise orders, and

(b) publicly advertised on, and during the three days preceding, the day of sale.

(3) If the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by Civil Procedure Rules has been given to the other execution creditor or creditors.

(4) An execution creditor given notice under sub-paragraph (3) is entitled—

(a) to appear before the court, and

(b) to be heard on the application for the order.

Protection of officers selling seized goods

11

(1) This paragraph applies if—

(a) a writ of execution has been issued from the High Court,

(b) goods in the possession of an execution debtor are seized by an enforcement officer or other person under a duty to execute the writ, and

(2) If this paragraph applies—

(a) the purchaser of the goods acquires a good title to them, and

(b) no person is entitled to recover against the officer or anyone acting under his authority—

(i) for any sale of the goods, or

(ii) for paying over the proceeds prior to the receipt of a claim to the goods,

unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable enquiry have ascertained, that the goods were not the property of the execution debtor.

(3) Nothing in this paragraph affects the right of a lawful claimant to any remedy to which he is entitled against any person other than the enforcement officer or other officer charged with the execution of the writ.

(4) “Lawful claimant” means a person who proves that at the time of sale he had a title to any goods seized and sold.

(5) This paragraph is subject to sections 183, 184 and 346 of the Insolvency Act 1986.

Supplementary

Regulations

12

(1) The Lord Chancellor may make regulations for the purpose of giving effect to the provisions of this Schedule that relate to enforcement officers.

(2) The regulations may, in particular, make provision as to—

(a) conditions to be met by individuals seeking to be authorised to act as enforcement officers;

(b) the circumstances in which authorisations may be terminated;

(d) the publication of—

(i) lists of enforcement officers assigned to each district, and

(ii) addresses to which writs of execution issued from the High Court to enforcement officers , or warrants issued to enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b), may be sent.

(3) Subject to paragraph 7(5) the regulations may make provision for the determination of fees that may be charged by enforcement officers.

(4) Before making any regulations under this paragraph, the Lord Chancellor must consult—

(a) the Lord Chief Justice,

(b) the Master of the Rolls,

(ba) the President of the Queen's Bench Division,

(d) the Chancellor of the High Court, and

(e) the Head of Civil Justice.

SCHEDULE 8

Parochial Libraries Act 1708 (c. 14)

1

In section 10 (warrant to search for lost books), omit “for the commission area”.

Distress for Rent Act 1737 (c. 19)

2

In section 4 (application to justices where goods carried off or concealed), omit “of the same commission area”.

3

In section 16 (possession of property deserted by tenant), omit “of the county, riding, division, or place”.

Inclosure Act 1773 (c. 81)

4

In section 4 (issue of warrant for recovery of expenses by distress and sale), omit—

(a) “under the hand and seal”, and

(b) “of the commission area wherein such common field lands shall lie”.

Sale of Farming Stock Act 1816 (c. 50)

5

In section 10 (indemnity to sheriff and others acting under the provisions of the Act), for “or under sheriff” substitute “ , under sheriff or other officer ”.

Burial Ground Act 1816 (c. 141)

6

In section 2 (verification of value of land), omit “for the commission area in which such land is situated”.

Inclosure and Drainage (Rates) Act 1833 (c. 35)

7

In section 1 (recovery of rates or assessments), omit “acting for any commission area, in petty sessions assembled”.

8

In section 2 (form of warrant or distress), omit “for the said (county, riding, or division, as the case may be)”.

Judgments Act 1838 (c. 110)

9

In section 12 (sheriff may seize money, bank notes, etc.), after “poundage and expences” insert “ or other officer’s fees ”.

Metropolitan Police Act 1839 (c. 47)

10

For section 75 (meaning of “magistrate”), substitute—

(75) In this Act “magistrate” means any two justices of the peace sitting together in public.

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