# The Magistrates' Courts Rules 1981, Rule 53: Notice to defendant before enforcing order

Extent: E+W

(1) A warrant of control shall not be issued for failure to pay a sum enforceable as a civil debt unless the defendant has been previously served with a copy of the minute of the order, or the order was made in his presence and the warrant is issued on that occasion.
(2) A warrant of commitment shall not be issued for disobedience to an order of a magistrates' court unless the defendant has been previously served with a copy of the minute of the order, or the order was made in his presence and the warrant is issued on that occasion:
Provided that this paragraph shall not apply to—
(a) an order to pay money; or
(b) an expedited order under section 16(2) and (6) of the Act of 1978.
(3) A copy of the minute of the order shall be served under this rule by delivering it to the defendant or by sending it to him by post in a letter addressed to him at his last known or usual place of abode.
(4) In relation to an order under section 16 of the Act of 1978 (other than an expedited order under subsections (2) and (6) of that section) paragraphs (2) and (3) shall have effect as if for the references to a copy of a minute of the order there were substituted references to a copy of the order.

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Source: https://www.legislation.gov.uk/uksi/1981/552/rule/53 (the official version)
Page: https://openlegislation.uk/magistrates-courts-rules-1981/rule-53
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.