County Courts Act 1984

Execution out of jurisdiction of court E+W

103 Execution out of jurisdiction of court. E+W

(1) Where a warrant of execution has been issued from a county court (hereafter in this section referred to as a “home court”) against the goods of any person and the goods are out of the jurisdiction of that court, the registrar of that court may send the warrant of execution to the registrar of any other county court within the jurisdiction of which the goods are or are believed to be, with a warrant endorsed on it or annexed to it requiring execution of the original warrant.

(2) The original warrant shall bind the property in goods of the execution debtor which are within the jurisdiction of the court to which it is sent as from the time when it is received by the registrar of that court.

(3) It shall be the duty of the registrar of the court to which the warrant is sent (without fee) on receipt of the warrant to endorse on its back the hour, day, month and year when he received it.

(4) On the receipt of the warrant, the registrar of the other county court shall act in all respects as if the original warrant of execution 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 warrant; and

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

(5) Where a warrant of execution is sent by the registrar of a home court to the registrar of another court for execution under this section, that other court shall have the same power as the home court of staying the execution under section 88 as respects any goods within the jurisdiction of that other court.

[F1 (6) [F2 Rules of court] may make provision for the suspension of any judgment or order, on terms, in connection with any warrant issued with respect of any instalment payable under the judgment or order.]

Textual Amendments

F1 S. 103(6) added by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 16

F2 Words in s. 103 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)

C1 S. 103 restricted (1.9.1993) by S.I. 1993/2073, art. 16.

[F3 104 Information as to writs and warrants of execution. E+W

(1) Where a writ against the goods of any person issued from the High Court is delivered to an enforcement officer who is under a duty to execute the writ or to a sheriff, then on demand from the district judge of a county court that person shall—

(a) in the case of an enforcement officer, by writing signed by that officer or a person acting under his authority, and

(b) in the case of a sheriff, by writing signed by any clerk in the office of the under-sheriff,

inform the district judge of the precise time the writ was delivered to him.

(2) A bailiff of a county court shall on demand show his warrant to any enforcement officer, any person acting under the authority of an enforcement officer and any sheriff’s officer.

(3) Any writing purporting to be signed as mentioned in subsection (1) and the endorsement on any warrant issued from a county court shall respectively be sufficient justification to any district judge, or enforcement officer or sheriff, acting on it.

(4) In this section “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003.]

Textual Amendments

F3 S. 104 substituted (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 275; S.I. 2004/401, art. 2(b)(vi) (with art. 3)

Modifications etc. (not altering text)

C2 S. 104 applied (1.9.1993) by S.I. 1993/2073, art.4(1).