- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
8(1)Subject to sub-paragraph (2), the writ binds the property in the goods of the execution debtor from the time when the writ is received by the person who is under a duty to endorse it.
(2)The writ does not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration.
(3)Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—
(a)the writ, or
(b)any other writ by virtue of which the goods of the execution debtor might be seized or attached,
had been received by the person who was under a duty to endorse it but had not been executed.
(4)Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—
(a)an application for the issue of a warrant of execution against the goods of the execution debtor had been made to the district judge of a county court, and
(b)the warrant issued on the application—
(i)remained unexecuted in the hands of the district judge of the court from which it was issued, or
(ii)had been sent for execution to, and received by, the district judge of another county court and remained unexecuted in the hands of that district judge.
(5)In sub-paragraph (1) “property” means the general property in goods (and not merely a special property).
(6)For the purposes of sub-paragraph (2) a thing shall be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).
(7)Any reference in this paragraph to the goods of the execution debtor includes anything else of his that may lawfully be seized in execution.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: