Section 101 Interpleader by registrar.C1

England and Wales

(1)

If a claim is made to or in respect of any goods seized in execution under process of F1the county court , or in respect of the proceeds or value of any such goods, the F2court may, as well before as after any action brought F3in respect of the claim , issue a summons calling before the court the party at whose instance the process issued and the party making the claim.

(2)

Upon the issue of the summons, any action brought in F4the county court or any other court in respect of the claim or of any damage arising out of the execution of the warrant shall be stayed.

(3)

On the hearing of the summons, the F5court shall adjudicate upon the claim, and shall also adjudicate between the parties or either of them F6and the person executing the warrant upon any claim to damages arising or capable of arising out of the execution of the warrant F7..., and shall make such order in respect of any such claim and the costs of the proceedings as he thinks fit.

F8(4)

This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

Annotations

Textual amendments

F1: Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3 and with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2: Word in s. 101(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(a)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3: Words in s. 101(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(a)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: Words in s. 101(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: Word in s. 101(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(c)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6: Words in s. 101(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(c)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F7: Words in s. 101(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(46)(c)(iii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F8: S. 101(4) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 75 (with s. 89); S.I. 2014/768, art. 2(1)(b)

Modifications

C1: S. 101 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

Notes on Part V

Modifications

C1: Pt. V (ss. 85-111) applied (1.1.2007) by Gambling Act 2005 (c. 19), ss. 149(2), 358(1) (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4)