Section 126 Actions against bailiffs acting under warrants.C1

England and Wales

(1)

No action shall be commenced against any bailiff for anything done in obedience to a warrant issued by the F1county court , unless—

(a)

a demand for inspection of the warrant and for a copy of it is made or left at the office of the bailiff by the party intending to bring the action, or his F2legal representativeor agent; and

(b)

the bailiff refuses or neglects to comply with the demand within six days after it is made.

(2)

The demand must be in writing and signed by the person making it.

(3)

If an action is commenced against a bailiff in a case where such a demand has been made and not complied with, judgment shall be given for the bailiff if the warrant is produced or proved at the trial, notwithstanding any defect of jurisdiction or other irregularity in the warrant; F3...

(4)

In this sectionF4“bailiff” in relation to a warrant means the person to whom the warrant is directed, and (except in paragraph (a) of subsection (1)) F5......... includes any person acting by the order and in aid of F6that person.

F7(5)

This section does not apply to an action for anything done under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

Annotations

Textual amendments

F1: Words in s. 126(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(62); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2: Words in s. 126(1)(a) substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(2); S.I. 1991/608, art. 2, Sch.
F3: Words in s. 126(3) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 81(2), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)
F4: Words in s. 126(4) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 81(3)(a) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F5: Word in s. 126(4) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 81(3)(b), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)
F6: Words in s. 126(4) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 81(3)(c) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F7: S. 126(5) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 81(4) (with s. 89); S.I. 2014/768, art. 2(1)(b)

Modifications

C1: S. 126 restricted (1.9.1993) by S.I. 1993/2073, art.4(2).