High Court Enforcement Officers were created
by virtue of Section 99 of the Courts Act 2003 Schedule
7. Having been created a set of accompanying Regulations
was introduced covering the requirements for becoming
an Authorised High Court Enforcement Officer and
governing their conduct after appointment. The Regulations
also set out the statutory basis for the charging
of fees and the postcodes in England and Wales which
are covered the work of Authorised High Court Enforcement
Officers.
On this website you will find a copy of the Act
creating High Court Enforcement Officers or “HCEOs”
and their Regulations.
SECTION 99 THE COURTS ACT 2003,
Schedule 7
Section 99 High
Court writs of execution
Schedule 7 contains provisions about
High Court writs of execution.
Any rule of law requiring a writ of
execution issued from the High Court
to be directed to a sheriff is abolished.
Schedule
7 High Court writs of execution
Enforcement officers: general
Districts for writs of execution enforced
by enforcement officers
1.
England and Wales is to be divided
into districts for the purposes of this
Schedule.
The districts are to be those specified
in regulations made under paragraph 12.
Enforcement
officers: authorisation and assignment to
districts
2.
An enforcement officer is an individual
who is authorised to act as such by the
Lord Chancellor or a person acting on
his behalf.
The Lord Chancellor or a person acting
on his behalf must assign at least one
enforcement officer to each district.
The Lord Chancellor or a person acting
on his behalf may—
a.
assign an enforcement officer
to more than one district, and
b.
change any assignment of an enforcement
officer so that he is assigned to
a different district or to different
districts.
Direction
of writs of execution to enforcement officers
3.
writ of execution issued from the High
Court may be directed—
a.
if only one enforcement officer
is assigned to the district in which
the writ is to be executed, to that
officer,
b.
if two or more enforcement officers
are assigned to that district, to
those officers collectively, or
c.
to a named enforcement officer
who, whether or not assigned to
that district, has undertaken to
execute the writ.
In this paragraph “writ of execution”
does not include—
a.
a writ of sequestration, or
b.
a writ relating to ecclesiastical
property.
Enforcement
officers to have traditional powers etc. of
sheriff
4.
This paragraph applies in relation to
writs directed to one or more enforcement
officers under paragraph 3.
The relevant officer has, in relation
to the writ, the duties, powers, rights,
privileges and liabilities that a sheriff
of a county would have had at common law
if—
a.
the writ had been directed to
him, and
b.
the district in which it is to
be executed had been within his
county.
“The relevant officer”
means—
a.
if the writ is directed to a single
enforcement officer under paragraph
3(1)(a) or (c), that officer;
b.
if the writ is directed to two
or more enforcement officers collectively
under paragraph 3(1)(b), the officer
to whom, in accordance with approved
arrangements, the execution of the
writ is allocated.
Sub-paragraph (2) applies to a person
acting under the authority of the relevant
officer as it applies to the relevant
officer.
In this Schedule “approved arrangements”
means arrangements approved by the Lord
Chancellor or a person acting on his behalf.
Constable’s
duty to assist enforcement officers
5.
It is the duty of every constable,
at the request of—
a.
an enforcement officer, or
b.
a person acting under the officer’s
authority,
to assist the officer or that person
in the execution of a writ.
Writs of
execution against goods
Application of paragraphs
7 to 11
6.
Paragraphs 7 to 11 apply to any
writ of execution against goods which
is issued from the High Court.
Endorsement
of writ with date and time of receipt
7.
If the writ is directed to a single
enforcement officer under paragraph 3(1)(a)
or (c), that officer must endorse it as
soon as possible after receiving it.
If the writ is directed to two or more
enforcement officers collectively under
paragraph 3(1)(b), the individual who,
in accordance with approved arrangements,
is responsible for allocating its execution
to one of those officers, must endorse
it as soon as possible after receiving
it.
If the writ is directed to a person who
is not an enforcement officer but is under
a duty to execute it, that person must
endorse it as soon as possible after receiving
it.
For the purposes of this paragraph, a
person endorses a writ by endorsing on
the back of it the date and time when
he received it.
No fee may be charged for endorsing a
writ under this paragraph.
Effect of
writ
8.
Subject to sub-paragraph (2), the writ
binds the property in the goods of the
execution debtor from the time when the
writ is received by the person who is
under a duty to endorse it.
The writ does not prejudice the title
to any goods of the execution debtor acquired
by a person in good faith and for valuable
consideration.
Sub-paragraph (2) does not apply if the
person acquiring goods of the execution
debtor had notice, at the time of the
acquisition, that—
a.
the writ, or
b.
any other writ by virtue of which
the goods of the execution debtor
might be seized or attached,
had been received by the person who was
under a duty to endorse it but had not
been executed.
Sub-paragraph (2) does not apply if the
person acquiring goods of the execution
debtor had notice, at the time of the
acquisition, that—
a.
an application for the issue of
a warrant of execution against the
goods of the execution debtor had
been made to the district judge
of a county court, and
b.
the warrant issued on the application—
(i)
remained unexecuted in
the hands of the district
judge of the court from which
it was issued, or
(ii)
had been sent for execution
to, and received by, the district
judge of another county court
and remained unexecuted in
the hands of that district
judge.
In sub-paragraph (1) “property”
means the general property in goods (and
not merely a special property).
For the purposes of sub-paragraph (2)
a thing shall be treated as done in good
faith if it is in fact done honestly (whether
it is done negligently or not).
Any reference in this paragraph to the
goods of the execution debtor includes
anything else of his that may lawfully
be seized in execution.
Seizure of
goods
9.
This paragraph applies where an enforcement
officer or other person who is under a
duty to execute the writ is executing
it.
The officer may, by virtue of the writ,
seize—
a.
any goods of the execution debtor
that are not exempt goods, and
b.
any money, banknotes, bills of
exchange, promissory notes, bonds,
specialties or securities for money
belonging to the execution debtor.
“Exempt goods” means—
a.
such tools, books, vehicles and
other items of equipment as are
necessary to the execution debtor
for use personally by him in his
employment, business or vocation;
b. .
such clothing, bedding, furniture,
household equipment and provisions
as are necessary for satisfying
the basic domestic needs of the
execution debtor and his family.
(i)
remained unexecuted in
the hands of the district
judge of the court from which
it was issued, or
(ii)
had been sent for execution
to, and received by, the district
judge of another county court
and remained unexecuted in
the hands of that district
judge.
In sub-paragraph (1) “property”
means the general property in goods
(and not merely a special property).
For the purposes of sub-paragraph
(2) a thing shall be treated as done
in good faith if it is in fact done
honestly (whether it is done negligently
or not).
Any reference in this paragraph to
the goods of the execution debtor includes
anything else of his that may lawfully
be seized in execution.
Sale of goods
seized
10.
This paragraph applies if—
a.
a writ of execution has been
issued from the High Court,
b.
goods are seized under the
writ by an enforcement officer
or other person under a duty
to execute it, and
c.
the goods are to be sold for
a sum which, including legal
incidental expenses, exceeds
£20.
The sale must be—
a.
made by public auction, and
not by bill of sale or private
contract, unless the court otherwise
orders, and
b.
publicly advertised on, and
during the three days preceding,
the day of sale.
If the person who seized the goods
has notice of another execution or
other executions, the court must not
consider an application for leave
to sell privately until the notice
prescribed by Civil Procedure Rules
has been given to the other execution
creditor or creditors.
An execution creditor given notice
under sub-paragraph (3) is entitled—
a.
to appear before the court,
and
b.
to be heard on the application
for the order.
Protection
of officers selling seized goods
11.
This paragraph applies if—
a.
a writ of execution has been
issued from the High Court,
b.
goods in the possession of
an execution debtor are seized
by an enforcement officer or
other person under a duty to
execute the writ, and
c.
the goods are sold by that
officer without any claims having
been made to them.
If this paragraph applies—
a.
the purchaser of the goods
acquires a good title to them,
and
b.
no person is entitled to recover
against the officer or anyone
acting under his authority—
(i)
for any sale of the
goods, or
(ii)
for paying over the
proceeds prior to the
receipt of a claim to
the goods,
unless it is proved that the person
from whom recovery is sought had notice,
or might by making reasonable enquiry
have ascertained, that the goods were
not the property of the execution
debtor.
Nothing in this paragraph affects
the right of a lawful claimant to
any remedy to which he is entitled
against any person other than the
enforcement officer or other officer
charged with the execution of the
writ.
“Lawful claimant” means
a person who proves that at the time
of sale he had a title to any goods
seized and sold.
This paragraph is subject to sections
183, 184 and 346 of the Insolvency
Act 1986.
Supplementary
Regulations
12.
The Lord Chancellor may make regulations
for the purpose of giving effect to
the provisions of this Schedule that
relate to enforcement officers.
The regulations may, in particular,
make provision as to—
a.
conditions to be met by individuals
seeking to be authorised to
act as enforcement officers;
b.
the circumstances in which
authorisations may be terminated;
c.
the procedures to be followed
in relation to the assignment
of enforcement officers or changes
in their assignments;
d.
the publication of—
(i)
lists of enforcement
officers assigned to each
district, and
(ii)
addresses to which writs
of execution issued from
the High Court to enforcement
officers may be sent.
Subject to paragraph 7(5) the regulations
may make provision for the determination
of fees that may be charged by enforcement
officers.
Before making any regulations under
this paragraph, the Lord Chancellor
must consult—
a.
the Lord Chief Justice,
b.
the Master of the Rolls,
c.
the President of the Family
Division,
d.
the Vice-Chancellor, and
e.
the Head of Civil Justice
unless it is proved that the person
from whom recovery is sought had notice,
or might by making reasonable enquiry
have ascertained, that the goods were
not the property of the execution
debtor.
Nothing in this paragraph affects
the right of a lawful claimant to
any remedy to which he is entitled
against any person other than the
enforcement officer or other officer
charged with the execution of the
writ.
“Lawful claimant” means
a person who proves that at the time
of sale he had a title to any goods
seized and sold.
This paragraph is subject to sections
183, 184 and 346 of the Insolvency
Act 1986.
