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Section 125A Civilian enforcement officers.F1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A warrant to which this subsection applies may be executed anywhere in England and Wales by a civilian enforcement officer.

(2)

In this section “civilian enforcement officer”, in relation to a warrant, means a person who—

(a)

is employed by an authority of a prescribed class which performs functions in relation to any area specified in the warrant; and

(b)

is authorised in the prescribed manner to execute warrants.

(3)

The warrants to which subsection (1) above applies are any warrant of arrest, commitment, detention or F2control issued by a justice of the peace—

C1(a)

under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor F3. . . ; or

(b)

for the enforcement of a court order of any description so specified.

(F43A)

Subsection (1) also applies to any warrant of F5control issued under Schedule 5 to the Courts Act 2003 by a court or fines officer.

(4)

Where a warrant has been executed by a civilian enforcement officer, a written statement indicating—

(a)

the name of the officer;

(b)

the authority by which he is employed; and

(c)

that he is authorised in the prescribed manner to execute warrants,

shall, on the demand of the person arrested, committed or detained or F6, in the case of a warrant of control, against whom the warrant is issued , be shown to him as soon as practicable.

(5)

The power to make orders conferred by subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1

S. 125A inserted (8.1.2001) by 1999 c. 22, s. 92, (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/3280, art. 2(b)

F2

Word in s. 125A(3) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 58(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F3

Words in s. 125A(3)(a) repealed (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 8, Sch. para. 5

F4

S. 125A(3A) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 52

F5

Word in s. 125A(3A) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 58(3) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F6

Words in s. 125A(4) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 58(4) (with s. 89); S.I. 2014/768, art. 2(1)(b)

Modifications

C1

S. 125A(3)(a) transfer of functions (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 4(1)(a) (with art. 7)