OpenLegislation

Section 104 Information as to writs and warrants of execution.F1C1

England and Wales

(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 F2a judge of F3the 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 F4... judge of the precise time the writ was delivered to him.

F5(2)

F6The person to whom a warrant issued by the county court is directed 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 the county court shall respectively be sufficient justification to any F7... 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.

Annotations

Textual amendments

F1

S. 104 substituted (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 275; S.I. 2004/401, art. 2(b)(vi) (with art. 3)

F2

Words in s. 104(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(49)(a); 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 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)

F4

Word in s. 104(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(49)(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

S. 104(2) amendment to earlier affecting provision 2007 c. 15 Sch. 13 para. 77 (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; 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. 104(2) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 77 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F7

Word in s. 104(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(49)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications

C1

S. 104 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)