County Courts Act 1984

99 Effect of warrants of execution. E+W

(1) Subject—

(a) to subsection (2); and

(b) to section 103(2),

a warrant of execution against goods issued from a county court shall bind the property in the goods of the execution debtor as from the time at which application for the warrant was made to the registrar of the county court.

(2) Such a warrant shall not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration unless he had at the time when he acquired his title—

(a) notice that an application for the issue of a warrant of execution against the goods of the execution debtor had been made to the registrar of a county court and that the warrant issued on the application either—

(i) remained unexecuted in the hands of the registrar of the court from which it was issued; or

(ii) had been sent for execution to, and received by, the registrar of another county court, and remained unexecuted in the hands of the registrar of that court; or

(b) notice that a writ of fieri facias or other writ of execution by virtue of which the goods of the execution debtor might be seized or attached had been delivered to [F1 an enforcement officer or other officer charged with the execution of the writ] and remained unexecuted in the hands of [F2 that person].

(3) It shall be the duty of the registrar (without fee) on application for a warrant of execution being made to him to endorse on its back the hour, day, month and year when he received the application.

(4) For the purposes of this section—

[F3 (za) “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;]

(a) “property” means the general property in goods, and not merely a special property;

(b) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a thing shall be treated as done in good faith if it is in fact done honestly whether it is done negligently or not.

Textual Amendments

F1 Words in s. 99(2)(b) inserted (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 274(2)(a); S.I. 2004/401, art. 2(b)(vi) (with art. 3)

F2 Words in s. 99(2)(b) substituted (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 274(2)(b); S.I. 2004/401, art. 2(b)(vi) (with art. 3)

F3 S. 99(4)(za) inserted (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 274(3)(a); S.I. 2004/401, art. 2(b)(vi) (with art. 3)

F4 S. 99(4)(b) repealed (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110(1), Sch. 8 para. 274(3)(b), Sch. 10; S.I. 2004/401, art. 2(b)(vi) (with art. 3)

Modifications etc. (not altering text)

C1 Ss. 96-99 applied (1.9.1993) by S.I. 1993/2073, art.4(1).