County Courts Act 1984 (c. 28)

Part V E+W Enforcement of Judgments and Orders

Modifications etc. (not altering text)

C1 Pt. V (ss. 85-111) applied (1.1.2007) by Gambling Act 2005 (c. 19), ss. 149(2), 358(1) (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4)

Claims in respect of goods seized E+W

[F1 99 Endorsement of warrants of control etc. E+W

(1) This section applies to—

(a) a warrant of control issued under section 85(2);

(b) a warrant of delivery or of possession, but only if it includes a power to take control of and sell goods to recover a sum of money and only for the purposes of exercising that power.

(2) The person to whom the warrant is directed must, as soon as possible after receiving it, endorse it by inserting on the back the date and time when he received it.

(3) No fee may be charged for endorsing a warrant under this section.]

Textual Amendments

F1 S. 99 substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 69, 148 (with s. 89); S.I. 2014/768, art. 2(1)(a)

Modifications etc. (not altering text)

C2 Ss. 96-99 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

F2 100 Sale of goods to which claim is made. E+W

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Textual Amendments

F2 S. 100 repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 74, Sch. 23 Pt. 3 (with s. 89) (as amended by 2013 c. 22, s. 25(9)(b): S.I. 2014/830, art. 2); S.I. 2014/768, art. 2(1)(b)

101 Interpleader by registrar. E+W

(1) If a claim is made to or in respect of any goods seized in execution under process of [F3 the county court] , or in respect of the proceeds or value of any such goods, the [F4 court] may, as well before as after any action brought [F5 in respect of the claim] , issue a summons calling before the court the party at whose instance the process issued and the party making the claim.

(2) Upon the issue of the summons, any action brought in [F6 the county court or any] other court in respect of the claim or of any damage arising out of the execution of the warrant shall be stayed.

(3) On the hearing of the summons, the [F7 court] shall adjudicate upon the claim, and shall also adjudicate between the parties or either of them [F8 and the person executing the warrant] upon any claim to damages arising or capable of arising out of the execution of the warrant F9 ..., and shall make such order in respect of any such claim and the costs of the proceedings as he thinks fit.

[F10 (4) This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.]

Textual Amendments

F3 Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Word in s. 101(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(a)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5 Words in s. 101(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(a)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6 Words in s. 101(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7 Word in s. 101(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(c)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8 Words in s. 101(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(c)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F9 Words in s. 101(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(c)(iii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10 S. 101(4) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 75 (with s. 89); S.I. 2014/768, art. 2(1)(b)

Modifications etc. (not altering text)

C3 S. 101 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

F11 102 Claims for rent where goods seized in execution. E+W

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Textual Amendments

F11 S. 102 repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 76, Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)