"It was refreshing to deal with an Enforcement Officer who constantly kept in contact with ourselves, advised us what was happening and who was so persistent, in the face of substantial opposition in getting the job done."
Introduction 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.
Sherforce in action again, after a shop owner refused to pay a long outstanding debt his goods are being removed to be sold at auction. It may seem tough on the shop keeper, but this is the last resort.
"Thanks to your company’s rapid response in seizing the aircraft, full recovery of a long outstanding debt was secured, where all other efforts had failed."
