County Courts Act 1984

Seizure and custody of goods etc. E+W

89 Goods which may be seized. E+W

(1) Every bailiff or officer executing any warrant of execution issued from a county court against the goods of any person may by virtue of it seize—

[F1 (a) any of that person’s goods except–

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

(ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family;]

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

(2) Any reference to the goods of an execution debtor in this Part of this Act includes a reference to anythling else of his that may lawfully be seized in execution.

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 89(1)(a) substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 15(2); S.I. 1991/1364, art. 2,Sch.

F2 S. 89(3) repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2,Sch.

Modifications etc. (not altering text)

C1 S. 89 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

90 Custody of goods seized. E+W

Goods seized in execution under process of a county court shall, until sale,—

(a) be deposited by the bailiff in some fit place; or

(b) remain in the custody of a fit person approved by the registrar to be put in possession by the bailiff; or

(c) be safeguarded in such other manner as the registrar directs.

Modifications etc. (not altering text)

C2 S. 90 restricted (1.9.1993) by S.I. 1993/2073, art.10.

91 Disposal of bills of exchange, etc., seized. E+W

The registrar shall hold any bills of exchange, promissory notes, bonds, specialties or other securities for money seized in execution under process of a county court as security for the amount directed to be levied by the execution, or for so much of that amount as has not been otherwise levied or raised, for the benefit of the plaintiff, and the plaintiff may sue in the name of the defendant, or in the name of any person in whose name the defendant might have sued, for the recovery of the sum secured or made payable thereby, when the time of payment arrives.

Modifications etc. (not altering text)

C3 S. 91 restricted (1.9.1993) by S.I. 1993/2073, art.10.

92 Penalty for rescuing goods seized. E+W

(1) If any person rescues or attempts to rescue any goods seized in execution under process of a county court, he shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding one month or to a fine of an amount not exceeding level 4 on the standard scale, or both; or

(b) on an order made by the judge in that behalf, to be committed for a specified period not exceeding one month to . . . F3 prison . . . F3 or to a fine of an amount not exceeding level 4 on the standard scale or to be so committed and to such a fine.

and a bailiff of the court may take the offender into custody, with or without warrant, and bring him before the judge.

(2) The judge may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

Textual Amendments

F3 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I

Modifications etc. (not altering text)

C4 S. 92 restricted (1.9.1993) by S.I. 1993/2073, art.10.