Administration of Justice Act 1956 (c. 46)

Part IV E+W General Provisions as to Enforcement of Judgements and Orders

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 S. 34 repealed by Supreme Court Act 1981 (c. 54, SIF 37), ss. 152(4), 153(2), Sch. 7

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 35 repealed by Charging Orders Act 1979 (c. 53, SIF 45:1), s. 7(2)

36 Receivers. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 S. 36 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 153(2)

[F4 37 Goods protected from seizure in execution. E+W

(1) In section eight of the M1 Small Debts Act 1845 . . . F5 (which protect wearing apparel, bedding and tools to the value of five pounds from seizure in execution) for the words “the value of five pounds” there shall be substituted the words “the prescribed value”.

(2) The prescribed value for the purposes of the said sections eight . . . F5 shall be twenty pounds or such larger amount as may be prescribed by order of the Lord Chancellor . . . F5

(3) The extent to which goods and chattels are protected from seizure under distresses ordered by a magistrates’ court shall, . . . F6 be wholly determined by the rules made under section fifteen of the Justices of the M2 Peace Act 1949, as extended by section one hundred and twenty-two of the M3 Magistrates’ Courts Act 1952, and the rules in force under the said section fifteen as so extended at the time of the coming into force of this section shall have effect accordingly: . . . F6

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(5) Any order of the Lord Chancellor under this section may be varied or revoked by a subsequent order of the Lord Chancellor.

(6) The power of the Lord Chancellor to make orders under this section shall be exercisable by statutory instrument.

(7) Any such statutory instrument shall be laid before Parliament after being made.]

Textual Amendments

F4 S. 37 repealed (prosp) by Courts and Legal Services Act 1990 (c. 41, SIF 76), ss. 124(3), 125(7), Sch. 20

F5 Words repealed by County Courts Act 1959 (c. 22), Sch. 3

F6 Words repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. I

F7 Ss. 37(4), 39, 41 repealed by County Courts Act 1959 (c. 22), Sch. 3

Marginal Citations

M1 1845 c. 127.

M2 1949 c. 101.

M3 1952 c. 55.

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W

Textual Amendments

F8 S. 38 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 153(2)

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W

Textual Amendments

F9 Ss. 37(4), 39, 41 repealed by County Courts Act 1959 (c. 22), Sch. 3

40 Effect of registration of judgments of courts outside England and Wales. E+W

Section five of the M4 Debtors Act 1869, as amended by any subsequent enactment, and . . . F10 , as so amended, shall have effect as if—

(a) any judgment of the High Court of Northern Ireland or decreet of the Court of Session a certificate of which has been registered in the High Court under section one or section three of the M5 Judgments Extension Act 1868; and

(b) any judgment, as defined in Part II of the Administration of M6 Justice Act 1920, which has been registered in the High Court under the said Part II; and

(c) any judgment, as defined in the Inferior Courts Judgments M7 Extension Act 1882, a certificate of which has been registered in the High Court or in a county court under that Act,

were a judgment of the High Court or, as the case may be, of that county court, and proceedings may be taken under [F11 the said Act of 1869] accordingly.

Textual Amendments

F10 Words repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 11(a), Sch. 10 Pt. III

F11 Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 11(b)

Marginal Citations

M4 1869 c. 62.

M5 1868 c. 54.

M6 1920 c. 81.

M7 1882 c. 31.

41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W

Textual Amendments

F12 Ss. 37(4), 39, 41 repealed by County Courts Act 1959 (c. 22), Sch. 3

42—44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W

Textual Amendments

F13 Ss. 42–44 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 153(2)