County Courts Act 1984 (c. 28)

Part V E+W Enforcement of Judgments and Orders

Modifications etc. (not altering text)

C1 Pt. V (ss. 85-111) applied (1.1.2007) by Gambling Act 2005 (c. 19), ss. 149(2), 358(1) (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4)

Execution against goods E+W

86 Execution of orders for payment by instalments. E+W

(1) Where the court has made an order for payment of any sum of money by instalments, [F1 a warrant of control to recover any of that sum] shall not be issued until after default in payment of some instalment according to the order.

(2) [F2 Rules of court] may prescribe the cases in which [F3 a warrant of control is to be issued] if there is any such default and limit the amounts for which and the times at which [F4 a warrant of control may be issued].

(3) Except so far as may be otherwise provided by [F2 rules of court] made for those purposes, [F5 a warrant or successive warrants of control may be issued] if there is any such default for the whole of the said sum of money and costs then remaining unpaid or for such part as the court may order either at the time of the original order or at any subsequent time; but except so far as may be otherwise provided by such rules, [F6 no warrant of control may be issued unless when it is issued] the whole or some part of an instalment which has already become due remains unpaid.

Textual Amendments

F1 Words in s. 86(1) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 70(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F2 Words in s. 86 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)

F3 Words in s. 86(2) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 70(3)(a) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F4 Words in s. 86(2) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 70(3)(b) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F5 Words in s. 86(3) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 70(4)(a) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F6 Words in s. 86(3) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 70(4)(b) (with s. 89); S.I. 2014/768, art. 2(1)(b)

Modifications etc. (not altering text)

C2 S. 86 restricted (1.9.1993) by S.I. 1993/2073, art. 6.