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Magistrates’ Courts Act 1980, Section 125B is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A warrant to which section 125A(1) above applies may also be executed anywhere in England and Wales—
(a)by an individual who is an approved enforcement agency;
(b)by a director of a company which is an approved enforcement agency;
(c)by a partner in a partnership which is an approved enforcement agency; or
(d)by an employee of an approved enforcement agency who is authorised in writing by the agency to execute warrants.
(2)In this section “approved enforcement agency”, in relation to a warrant, means a person or body approved [F2by the Lord Chancellor] .
[F3(2A)The Lord Chancellor must maintain a register containing the names of all persons and bodies approved by him under subsection (2) and must make such arrangements as he considers appropriate for making the register available for inspection.]
(3)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or [F5, in the case of a warrant of control, against whom the warrant is issued] , be shown to him as soon as practicable.
(5)The matters referred to in subsection (4) above are—
(a)the name of the person by whom the warrant was executed;
(b)if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency;
(c)if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and
(d)the fact that his name, or (where paragraph (b) or (c) above applies) that of the agency indicated, is contained in the register maintained [F6by the Lord Chancellor under subsection (2A)] .
[F7(6)A decision by the Lord Chancellor to revoke the approval of a person or body under subsection (2) does not have effect to revoke the approval until the Lord Chancellor has informed the person or body of the decision.]]
Textual Amendments
F1S. 125B inserted (8.1.2001) by 1999 c. 22, s. 93(2), (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/3280, art. 2(b)
F2Words in s. 125B(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 239(2); S.I. 2005/910, art. 3(y)
F3Words in s. 125B(2A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 239(3); S.I. 2005/910, art. 3(y)
F4S. 125B(3) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 239(4), Sch. 10; S.I. 2005/910, art. 3(y)(aa)
F5Words in s. 125B(4) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 59 (with s. 89); S.I. 2014/768, art. 2(1)(b)
F6Words in s. 125B(5)(d) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 239(5); S.I. 2005/910, art. 3(y)
F7S. 125B(6) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 239(6); S.I. 2005/910, art. 3(y)
Modifications etc. (not altering text)
C1S. 125-126 applied (temp.) (23.2.2004 and 29.3.2004 for certain purposes, otherwise 5.4.2004 until 31.3.2006) by The Fines Collection Regulations 2004 (S.I. 2004/176), regs. 1(3), 10 (with reg. 3) (as amended (30.3.2005) by S.I. 2005/484, regs. 1(1)(a)(2), 2, 4)
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