PART VMESSENGERS-AT-ARMS AND SHERIFF OFFICERS

83Service of charge and execution of diligence or warrant void where officer of court has interest

1

The service of a charge for payment or the execution of diligence, or of a warrant in any proceedings, by an officer of court shall be void if the subject matter of the charge, diligence or proceedings—

a

is one in which the officer of court has an interest as an individual; or

b

consists of or includes a debt in respect of which any of the circumstances mentioned in subsection (2) below apply.

2

The circumstances referred to in subsection (1)(b) above are where the debt is due to—

a

a company or firm, and the officer of court—

i

is a director or partner of that company or firm or holds by himself, or along with a business associate or with a member of his family, a controlling interest therein; or

ii

has a pecuniary interest in that company or firm and the principal business of the company or firm is the purchase of debts for enforcement;

b

a business associate of the officer of court, or to a member of the officer of court's family;

c

a company or firm, and a business associate of the officer of court or a member of the officer of court's family—

i

is a director or partner of that company or firm or holds a controlling interest therein; or

ii

has a pecuniary interest in that company or firm and the principal business of the company or firm is the purchase of debts for enforcement.

3

Any reference in subsection (2) above to—

a

a business associate of an officer of court shall be construed as a reference to a co-director, partner, employer, employee, agent or principal of the officer of court;

b

a member of an officer of court's family shall be construed as a reference to the wife or husband, a parent or child, a grandparent or grandchild, or a brother or sister of the officer of court (whether of the full blood or the half-blood or by affinity);

c

a controlling interest in a company shall be construed in accordance with paragraph 13(7) of Schedule 4 to the [1975 c. 7.] Finance Act 1975.

4

In subsection (3)(a) above "principal" does not include a principal in a contract for the service of a charge or the execution of diligence or of a warrant in relation to the debt concerned.