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Changes over time for: Section 126
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Version Superseded: 22/04/2014
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Point in time view as at 06/04/2014. This version of this provision has been superseded.
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Changes to legislation:
County Courts Act 1984, Section 126 is up to date with all changes known to be in force on or before 30 October 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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126 Actions against bailiffs acting under warrants.E+W
(1)No action shall be commenced against any bailiff for anything done in obedience to a warrant issued by the registrar, unless—
(a)a demand for inspection of the warrant and for a copy of it is made or left at the office of the bailiff by the party intending to bring the action, or his [legal representative] or agent; and
(b)the bailiff refuses or neglects to comply with the demand within six days after it is made.
(2)The demand must be in writing and signed by the person making it.
(3)If an action is commenced against a bailiff in a case where such a demand has been made and not complied with, judgment shall be given for the bailiff if the warrant is produced or proved at the trial, notwithstanding any defect of jurisdiction or other irregularity in the warrant; ...
(4)In this section [“bailiff” in relation to a warrant means the person to whom the warrant is directed, and] (except in paragraph (a) of subsection (1)) ... includes any person acting by the order and in aid of [that person].
[(5)This section does not apply to an action for anything done under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.]
Textual Amendments
Modifications etc. (not altering text)
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