Paragraph 1 Amendment of Magistrates’ Courts Rules

The Magistrates’ Courts Rules 1981^f1 are amended as follows—

(a)

In rule 2 (Interpretation), in paragraph (1), after the definition of “judgment summons” insert—

““the Schedule 12 procedure” means the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods and selling them to recover a sum of money).”

(b)

in rule 46 (Notice to defendant of fine or forfeited recognisance), in paragraph (1), for “distress” substitute “control”;

(c)

in rule 53 (Notice to defendant before enforcing order), in paragraph (1), for “distress” substitute “control”;

(d)

in rule 54 (Execution of distress warrant)—

(i)

in paragraph (1)—

(aa)

for “warrant of distress” substitute “warrant of control”;

(bb)

in sub-paragraph (a), for “person against whom the distress is to be levied” substitute “debtor”; and

(cc)

in sub-paragraph (b), for “levy the said sum by distress and sale of the goods belonging to the said person” substitute “recover the said sum from the debtor by way of the Schedule 12 procedure”;

(ii)

in paragraph (2), for “person against whom the distress is to be levied” substitute “debtor”;

(iii)

in paragraph (3), for “sum to be levied” substitute “debt”;

(iv)

in paragraph (3B)—

(aa)

for “warrant of distress” substitute “warrant of control”;

(bb)

in sub-paragraph (a), for “person against whom the distress is to be levied” in both places where those words occur substitute “debtor”;

(cc)

in sub-paragraph (b), for “sum for which distress is levied and the reason for the distress” substitute “debt and the reason for the use of the Schedule 12 procedure”; and

(dd)

in sub-paragraph (c), for “person against whom the distress is to be levied” substitute “debtor”; and

(v)

omit paragraphs (4) to (11);

(e)

in rule 55 (Payment after imprisonment imposed), in paragraph (1)(a) and (c), for “distress” substitute “control”;

(f)

in rule 65 (Particulars of fine enforcement to be entered in register), in paragraph (2)(e), for “distress” substitute “use of the Schedule 12 procedure”; and

(g)

in rule 105 (Signature of forms prescribed by rules made under the Act of 1980), in paragraph (2), for “distress” substitute “control”.

Annotations

Footnotes

f1: S.I. 1981/552, as amended by S.I. 1990/1190 r.3(2), S.I. 1999/2765 r.2, S.I. 2001/167 r.3, S.I. 2001/610 rr.2,3,7, S.I. 2003/1236 rr.9, 29 and S.I. 2005/617, art. 2, Schedule paragraph 85.