Courts Act 2003 (c. 39)

SCHEDULES

SCHEDULE 8 U.K. Minor and consequential amendments

County Courts Act 1984 (c. 28) U.K.

271 U.K. In—

(a) section 66(4) (fees payable in respect of trial with jury proceedings in a county court),

(b) section 80(2) (judge’s note on appeal—fee etc.), and

(c) section 95(4) (fees payable in respect of duties of brokers and appraisers),

for “the fees orders” substitute “ an order under section 92 of the Courts Act 2003 (fees) ”.

272 U.K. Omit—

(a) section 73 (register of judgments and orders), and

(b) section 73A (provision for register to be kept by body under contract to Lord Chancellor).

Commencement Information

I1 Sch. 8 para. 272 in force at 6.4.2011 by S.I. 2010/2921, art. 3(b)

273 U.K. In section 98(1) (protection of district judge of county court selling goods under execution without notice of claim by third party), for the words from “(b) no person” to “execution debtor” substitute—

“(b) no person shall be entitled to recover against the district judge or other officer, or anyone lawfully acting under his authority—

(i) for any sale of the goods, or

(ii) for paying over the proceeds prior to the receipt of a claim to the goods,

unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable inquiry have ascertained, that the goods were not the property of the execution debtor.”

274 (1) Amend section 99 (effect of warrants of execution) as follows. U.K.

(2) In subsection (2)(b)—

(a) after “to” insert “ an enforcement officer or other officer charged with the execution of the writ ”, and

(b) for “the sheriff” substitute “ that person ”.

(3) In subsection (4)—

(a) before paragraph (a) insert—

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

(b) omit paragraph (b).

275 U.K. For section 104 (information as to writs and warrants of execution), substitute—

“104 Information as to writs and warrants of execution

(1) Where a writ against the goods of any person issued from the High Court is delivered to an enforcement officer who is under a duty to execute the writ or to a sheriff, then on demand from the district judge of a county court that person shall—

(a) in the case of an enforcement officer, by writing signed by that officer or a person acting under his authority, and

(b) in the case of a sheriff, by writing signed by any clerk in the office of the under-sheriff,

inform the district judge of the precise time the writ was delivered to him.

(2) A bailiff of a county court shall on demand show his warrant to any enforcement officer, any person acting under the authority of an enforcement officer and any sheriff’s officer.

(3) Any writing purporting to be signed as mentioned in subsection (1) and the endorsement on any warrant issued from a county court shall respectively be sufficient justification to any district judge, or enforcement officer or sheriff, acting on it.

(4) In this section “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003.”

276 U.K. Omit section 128 (fees).

.277 U.K. In section 147(1) (interpretation), omit the definition of “fees orders”.