OpenLegislation

Rule 54 Execution of distress warrantI1C1

England and Wales

(1)

A F1warrant 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 F2debtor;

(b)

shall be directed to the constables of the police area in which the warrant is issued or to F3the F4civilian 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 F5recover 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 F6debtor; 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 F7debt to the F8F9designated officer for the court that issued the warrant.

F10(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 F11warrant of control shall—

(a)

either—

(i)

if he has the warrant with him, show it to the F12debtor, 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 F13debt 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 F14debtor a written statement under section 125A(4) of 125B(4) as appropriate; and

(d)

in any case, show documentary proof of his identity.

F15(4)

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(5)

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(5A)

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(6)

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(7)

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(8)

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(9)

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(10)

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(11)

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Annotations

Textual amendments

F1

Words in rule 54(1) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(i)(aa) (with arts. 3, 4)

F2

Word in rule 54(1)(a) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(i)(bb) (with arts. 3, 4)

F3

Words in rule 54(1)(b) substituted (2.7.1990) by The Magistrates' Courts (Civilian Fine Enforcement Officers) Rules 1990 (S.I. 1990/1190), rules 1(1), 3(2)

F4

Words in rule 54(1) substituted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 3(1)

F5

Words in rule 54(1)(b) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(i)(cc) (with arts. 3, 4)

F6

Word in rule 54(2) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(ii) (with arts. 3, 4)

F7

Word in rule 54(3) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iii) (with arts. 3, 4)

F8

Words in rule 54(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3

F9

Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85

F10

Rule 54(3A)(3B) inserted (19.2.2001) by The Magistrates' Courts (Amendment) Rules 2001 (S.I. 2001/167), rules 1, 3(2)

F11

Words in rule 54(3B) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iv)(aa) (with arts. 3, 4)

F12

Word in rule 54(3B)(a) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iv)(bb) (with arts. 3, 4)

F13

Words in rule 54(3B)(b) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iv)(cc) (with arts. 3, 4)

F14

Word in rule 54(3B)(c) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(iv)(dd) (with arts. 3, 4)

F15

Rule 54(4)-(11) omitted (6.4.2014) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(d)(v) (with arts. 3, 4)

Modifications

C1

Rule 54 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.8 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

Commencement

I1

Rule 54 in force at 6.7.1981, see rule 1(1)