# The Magistrates' Courts Rules 1981, Rule 54: Execution of distress warrant

Extent: E+W

(1) A warrant of control issued for the purpose of levying a sum adjudged to be paid by a summary conviction or order—
(a) shall name or otherwise describe the debtor;
(b) shall be directed to the constables of the police area in which the warrant is issued or to the civilian enforcement officers for the area in which they are employed, or to a person named in the warrant and shall, subject to, and in accordance with, the provisions of this rule, require them to recover the said sum from the debtor by way of the Schedule 12 procedure;
(c) may where it is directed to the constables of a police area, instead of being executed by any of those constables, be executed by any person under the direction of a constable.
(2) The warrant shall authorise the person charged with the execution of it to take as well any money as any goods of the debtor; and any money so taken shall be treated as if it were the proceeds of the sale of goods taken under the warrant.
(3) The warrant shall require the person charged with the execution to pay the debt to the designated officer for the court that issued the warrant.
(3A) A warrant to which this rule applies may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—
(a) a constable for any police area in England and Wales, acting in his own police area;
(b) where the warrant is one to which section 125A of the Act of 1980 applies, a civilian enforcement officer within the meaning of section 125A of the Act of 1980;
(c) where the warrant is one to which section 125A of the Act of 1980 applies, any of the individuals described in section 125B(1) of the Act of 1980;
and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.
(3B) A person executing a warrant of control shall—
(a) either—
(i) if he has the warrant with him, show it to the debtor, or
(ii) otherwise, state where the warrant is and what arrangements may be made to allow the debtor to inspect it;
(b) explain, in ordinary language, the debt and the reason for the use of the Schedule 12 procedure;
(c) where the person executing the warrant is one of the persons referred to in paragraph (3A)(b) or (c) above, show the debtor a written statement under section 125A(4) of 125B(4) as appropriate; and
(d) in any case, show documentary proof of his identity.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/1981/552/rule/54 (the official version)
Page: https://openlegislation.uk/magistrates-courts-rules-1981/rule-54
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.