Section 26 Declaration by bailiffs, &c.C1

England and Wales

Every deputy bailiff and officer of a sheriff or under-sheriff, and every other person who has authority or takes upon himself F1. . ., or to intermeddle with the execution of writs issued by any court of record, shall before he does so make a declaration F2. . .in the form in the Second Schedule to this Act, or to the like F3 effect—

before any judge of the High Court; or
in the county in which he exercises his authority before a justice of the peace.

(2)

F4Subsection (1) does not apply to any enforcement officer or any person acting under the authority of an enforcement officer.

Annotations

Textual amendments

F1: Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. I
F2: Words repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. V
F3: S. 26(1)(a)(b) and preceding word substituted (1.4.2005) for words by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 61(3); S.I. 2005/910, art. 3(y)
F4: S. 26(2) inserted (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 61(4); S.I. 2004/401, art. 2(b)(iii) (with art. 3)

Modifications

C1: S. 26 modified by Administration of Justice Act 1964 (c. 42), s. 19(4)