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County Courts Act 1984

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Version Superseded: 06/04/2011

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122 Execution of committal orders out of jurisdiction of court.E+W

(1)Where any order or warrant for the committal of any person to prison has been made or issued (whether in pursuance of this or any other Act or of [F1rules of court]) by a county court (hereafter in this section referred to as a “home court”) and that person is out of the jurisdiction of that court, the registrar may send the order or warrant to the registrar of any other county court within the jurisdiction of which that person is or is believed to be, with a warrant endorsed on it or annexed to it requiring execution of the original order or warrant.

(2)On receipt of the warrant, the registrar of the other county court shall act in all respects as if the original order or warrant had been issued by the court of which he is registrar and shall within the prescribed time—

(a)report to the registrar of the home court what he has done in the execution of the order or warrant; and

(b)pay over all moneys received in pursuance of the order or warrant.

(3)Where a person is apprehended under the order or warrant, he shall be forthwith conveyed, in custody of the officer apprehending him, to the prison of the court within the jurisdiction of which he was apprehended and kept there, unless sooner discharged by law, until the expiration of the period mentioned in the order or warrant.

(4)It shall be the duty of every constable within his jurisdiction to assist in the execution of every such order or warrant.

(5)Where an order of committal—

(a)under the M1Debtors Act 1869; or

(b)under section 110,

is sent by the registrar of a home court to the registrar of another court for execution under this section, the judge of that other court shall have the same powers to order the debtor’s discharge as the judge of the home court would have under section 110 or 121.

Textual Amendments

F1Words in s. 122 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

Modifications etc. (not altering text)

C1S. 122 modified (14.10.1991) by S.I. 1991/1247, r. 7.2(3) (as amended by S.I. 2005/2922, rule 92)

Marginal Citations

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