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County Courts Act 1984
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Changes over time for: Section 85
Version Superseded: 06/04/2015
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85 Execution of judgments or orders for payment of money.E+W
(1)[F1Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991,]any sum of money payable under a judgment or order of [F2the county court] may be recovered, in case of default or failure of payment, forthwith or at the time or times and in the manner thereby directed, [F3under a warrant under subsection (2).]
(2)[F4A judge of the county court,] on the application of the party prosecuting any such judgment or order, shall issue a [F5warrant of control] whereby [F6any person authorised by or on behalf of the Lord Chancellor is] empowered to [F7use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the money payable under the judgment or order.]
[F8(2A)The person to whom a warrant under subsection (2) must be directed is to be determined in accordance with arrangements made by a person authorised by or on behalf of the Lord Chancellor.]
F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)It shall be the duty of every constable within his jurisdiction to assist in the execution of every such warrant.
Textual Amendments
F1Words in s. 85(1) inserted by S.I. 1991/724, art. 8(2)
F2Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3Words in s. 85(1) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 69(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F4Words in s. 85(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(35)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5Words in s. 85(2) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 69(3)(a) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F6Words in s. 85(2) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 67, 148 (with s. 89); S.I. 2014/768, art. 2(1)(a)
F7Words in s. 85(2) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 69(3)(b) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F8S. 85(2A) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 69(4) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F9S. 85(3) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 69(5), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)
Modifications etc. (not altering text)
C1S. 85 extended (prosp.) by Pensions Act 2008 (c. 30), ss. 42(2), 149(1)
C2S. 85 extended (30.6.2012) by Pensions Act 2008 (c. 30), ss. 42(2), 149(1); S.I. 2012/1682, art. 2, Sch. 2
C3S. 85(1)(2)(3) applied (1.9.1993) by S.I. 1993/2073, art.4(1).
S. 85(4) restricted (1.9.1993) by S.I. 1993/2073, art.6.
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