Section 26 Execution by the Crown.C1

United Kingdom

(1)

Subject to the provisions of this Act, any order made in favour of the Crown against any person in any civil proceedings to which the Crown is a party may be enforced in the same manner as an order made in an action between subjects, and not otherwise.

F1. . .

(2)

Sections four and five of the M1Debtors Act 1869 (which provide respectively for the abolition of imprisonment for debt, and for saving the power of committal in case of small debts), shall apply to sums of money payable and debts due to the Crown:

Provided that for the purpose of the application of the said section four to any sum of money payable or debt due to the Crown, the section shall have effect as if there were included among the exceptions therein mentioned default in payment of any sum payable in respect of death duties. . . F2.

(3)

Nothing in this section shall affect any procedure which immediately before the commencement of this Act was available for enforcing an order made in favour of the Crown in proceedings brought by the Crown for the recovery of any fine or penalty, or the forfeiture or condemnation of any goods, or the forfeiture of any ship or any share in a ship.

Annotations

Textual amendments

F1: Words in s. 26(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1)(2), Sch. 1 Pt. I Gp. 1, Sch. 2 Pt. II para. 27.
F2: Words repealed (1.3.1982) by Finance Act 1972 (c. 41), s. 54(8), Sch. 28 Pt. II; S.I. 1982/87

Marginal citations

M1: 1869 c. 62.

Modifications

C1: Ss. 21-42 excluded (S.) (18.4.2016) by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), regs. 1, 103(8)

Notes on Part III

Modifications

C1: Pts. 2-4 applied in part (E.W.S.) (1.12.2003) by The Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), reg. 36(5)
C2: Pts. 2-4 applied in part (E.W.S.) (2.12.2003) by The Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), reg. 36(5)
C3: Pts. 2-4 applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 44(6) (with regs. 44(1)-(5), 45
C4: Pts. II-IV applied (N.I.) (1.10.2006) by The Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), reg. 50(6)
C5: Pts. II-IV applied (30.4.2007) by Equality Act 2006 (c. 3), ss. 78(4), 93 (with s. 92); S.I. 2007/1092, art. 2
C6: Pts. 2-4 applied in part (30.4.2007) by The Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263), reg. 33(4) (with regs. 12, 13, 18, 33(2)(3))
C7: Pt. III applied by Sex Discrimination Act 1975 (c. 65), s. 85(8) and Race Relations Act 1976 (c. 74), s. 75(6)
C8: Pt. III (ss. 24-27) applied (2.12.1996) by 1995 c. 50, ss. 64(3), 70(6), Sch. 8 para. 44(1) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3); S.R. 1996/280, art. 2(2), Sch.
C9: Pt. III (ss. 24-27) applied (with modifications) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 92; S.I. 1999/81, art. 3
C10: Pt. III (ss. 24-27) applied (with modifications) (30.6.1997) by S.I. 1997/869 (N.I.6), art. 71(6); S.R. 1997/273, art. 2(2)
C11: Pts. 2-4 applied in part (N.I) (1.9.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117), arts. 1, 47(2); S.R. 2005/336), {art. 2}, Sch.; S.R. 2005/337, art. 2, Sch.
C12: Pts. II-IV applied (N.I) (1.1.2007) by The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (S.R. 2006/439), reg. 53(6)
C13: Pts. 2-4 applied (E.W.S.) (8.4.2010) by Equality Act 2010 (c. 15), ss. 205(6), 216(1)(b)