Judgments Enforcement (Northern Ireland) Order 1981

• Citation: S.I. 1981/226 (N.I.)
• Sections: 168

Section 1 Title and commencement

(1) This Order may be cited as the Judgments Enforcement (Northern Ireland) Order 1981.

(2) Part VII shall come into operation on such day as the Lord Chancellor may by order appoint , and the remaining provisions of this Order shall come into operation on 19th March 1981.

Section 2 General interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“administration order” has the meaning given by Article 80;

“amount due on foot of a judgment” means the outstanding balance of all moneys due and payable under the judgment at the date when application is made under Article 22 to enforce the judgment;

“amount recoverable on foot of a judgment” means the amount recoverable under Article 126;

...

“assignees in bankruptcy” has the same meaning as in the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

“attachment of earnings order” in Articles 73 to 79 means an order under Article 73, in Articles 97 to 105 means an order under Article 99 and elsewhere, unless the context otherwise requires, means an order under Article 73 or Article 99;

“bankrupt” has the same meaning as in the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

“certificate of unenforceability” means a certificate granted under Article 19;

“charging order on funds, stock or shares” means an order under Article 58;

“the Chief Enforcement Officer” means such civil servant in the Department of Justice as that Department may designate for the purposes of this Order;

“company” means—

any association of persons (whether incorporated or not) capable of being wound up under the Insolvency (Northern Ireland) Order 1989 or which would be so capable but for Article 43 of the Water and Sewerage Services (Northern Ireland) Order 2006 ; and

except in Part VI, any other association of persons which is incorporated outside Northern Ireland and has an established place of business in Northern Ireland ;

“court” includes the Court of Appeal, the High Court, a county court and a magistrates' court;

“creditor”, except in Part VII, means a person entitled to enforce a money judgment;

“custody warrant” means a warrant issued under Article 25;

“ debenture ” has the same meaning as in the Companies Acts (see section 738 of the Companies Act 2006);

“debenture order” means an order under Article 61(1);

“debtor”, except in Part VII, means a person liable under a money judgment;

“enforcement officer” means the Chief Enforcement Officer and any other civil servant in the Department of Justice designated by that Department for the purposes of this Order;

“enforcement order” means any such order as is specified in Article 16(1);

“firm” has the same meaning as in the Partnership Act 1890 ;

“garnishee” has the meaning given by Article 69;

“Government funds or stocks” means securities of which the principal and interest, if any, are charged directly or by way of guarantee on the Consolidated Fund of Northern Ireland, or of the United Kingdom, being inscribed or registered in Northern Ireland, and funds or stocks on the National Savings Stock Register maintained by trustee savings banks in Northern Ireland;

“insolvency administration” means the administration in bankruptcy of the insolvent estate of a deceased person;

“insolvency administration order” means an order for the administration in bankruptcy of the insolvent estate of a deceased debtor (being an individual at the date of his death);

“insolvency administration petition” means a petition for an insolvency administration order;

“judgment” includes a decree, order, award which has been made a rule of court and dismiss made or given or having effect in Northern Ireland;

“Judicial Officer” means a Judicial Officer (Enforcement of Judgments) appointed under section 70 of the Judicature (Northern Ireland) Act 1978 ;

“the Land Registration Act” means the Land Registration Act (Northern Ireland) 1970;

“life policy” has the meaning given by section 85(1) of the Insurance Companies Act 1974 ;

“the Master” means the Master (Enforcement of Judgments) appointed under section 70 of the Judicature (Northern Ireland) Act 1978;

“money” includes banknotes;

“money judgment” means a judgment under or by virtue of which any sum of money is payable;

“notice of unenforceability” means a notice issued under Article 18;

“the Office” means the Enforcement of Judgments Office;

“Official Assignee” has the same meaning as in the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

“the Order” means the Insolvency (Northern Ireland) Order 1989;

“order charging land” has the meaning given by Article 46(1);

“order for delivery of goods” means an order under Article 57;

“order for delivery of possession of land” means an order under Article 53(1);

“order of seizure” means an order under Article 31;

“partnership order” means an order made by the Office under section 23(2) of the Partnership Act 1890 charging a partner's interest in the partnership property;

“perform” in relation to functions includes discharge and exercise;

“ private company ” has the same meaning as in the Companies Acts (see section 4 of the Companies Act 2006);

“proceeds of sale” means the sum, if any, realised, whether by means of sale or otherwise, after deduction of the costs of sale or realisation;

“public company” means a company other than a private company;

“the Registration of Deeds Act” means the Registration of Deeds Act (Northern Ireland) 1970;

“restraining order” means an order under Article 66(1);

“rules” means Judgment Enforcement Rules made pursuant to Article 141;

“rules of court”, in relation to any court, means rules made by the authority having for the time being power to make rules regulating the procedure and practice of that court;

“securities” means shares, stock, debentures, debenture stock, loan stock, bonds, units of a unit trust scheme, or other shares of the investments subject to the trusts of such a scheme, and other securities of any description;

“sequestration order” has the meaning given by Article 111;

“statutory provision” has the meaning given by section 1( f ) of the Interpretation Act (Northern Ireland) 1954 ;

“stock or shares” includes—

units of a unit trust scheme;

other shares of the investments subject to the trusts of such a scheme.

(3) For the purposes of Articles 25(2), 32, 33 and 38, any person ordinarily residing with a debtor shall, until the contrary is shown, be deemed to be a dependant of the debtor.

(4) For the purposes of section 42(2) of the Northern Ireland Constitution Act 1973 (validity of Acts of the Parliament of Northern Ireland), provisions of this Order which re-enact provisions of an Act of the Parliament of Northern Ireland shall be deemed to be provisions of such an Act.

Section 3 Interpretation (attachment of earnings)

(1) This Article has effect for the purposes of Articles 73 to 79 and 97 to 105 and Schedule 1 (orders made by the Office or a court for attachment of earnings).

(2) The relationship of employer and employee shall be treated as subsisting between two persons if one of them, as a principal and not as a servant or agent, pays to the other any sums defined as earnings by paragraphs (4) to (6).

(3) The “employer” means the person who is required by an attachment of earnings order to make deductions from earnings paid by him to the debtor.

(4) Subject to paragraph (5), “earnings” are any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service);

(b) by way of pension (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment).

(c) by way of statutory sick pay.

(5) The following shall not be treated as earnings—

(a) sums payable by any public department of a territory outside the United Kingdom;

(b) pay or allowances payable to the debtor as a member of Her Majesty's forces;

(ba) a tax credit (within the meaning of the Tax Credits Act 2002);

(c) pension, allowances or benefit payable under any enactment relating to social security;

(d) guaranteed minimum pension within the meaning of the Social Security Pensions (Northern Ireland) Order 1975 provided by an occupational pension scheme;

(e) pension or allowances payable in respect of disablement or disability;

(f) subject to Article 97(2), wages such as are mentioned in section 34(1) of the Merchant Shipping Act 1995 (wages due or accruing to a seaman employed in a ship registered in the United Kingdom), other than wages payable to a person as a seaman of a fishing vessel.

(6) In paragraph (5)( f ), expressions used in the Merchant Shipping Act 1995 have the same meaning as in that Act.

Section 4 Judgments to which this Order applies

Subject to Articles 5 and 6 the judgments to which this Order applies are—

(a) money judgments;

(b) judgments under which a person is entitled to possession of any land, including a writ of restitution made upon a conviction for forcible entry or detainer and a warrant issued under Article 10(4) of the Criminal Justice (Northern Ireland) Order 1986 (warrant for possession of land after conviction of squatter);

(c) judgments under which a person is entitled to the delivery of any goods;

(d) judgments requiring any person to pay any money into court or to do any act within a limited time, and judgments against a company, so far as Articles 111 to 113 (and so much of Part XI as is applicable to those Articles) relate to such judgments;

(e) orders under Article 4(1)( b ) or ( d ), 8(5), 13(2)( b ) or (3)( b ) or 22(2) or (8) of the Domestic Proceedings (Northern Ireland) Order 1980 or Part 1, 2 or 6 of Schedule 16 to the Civil Partnership Act 2004 for the payment of lump sums;

(f) other judgments to which this Order may be applied by any statutory provision; and

(g) money judgments given outside Northern Ireland and enforceable in Northern Ireland under any statutory provision.

Section 5 Power to apply Order to other judgments

(1) Without prejudice to Article 4, the Lord Chancellor may by order apply this Order, with such modifications as the circumstances may require, to any judgment or award of any court or tribunal given or made or having effect or capable of being made effective in Northern Ireland.

(2) An order under paragraph (1) shall be subject to negative resolution .

Section 6 Judgments to which this Order does not apply

This Order does not apply—

(a) without prejudice to Article 4( b ), to judgments in criminal proceedings, including proceedings for the recovery of fines, or of costs, compensation or other sums adjudged payable on a conviction unless it is provided by any statutory provision that a judgment in any such proceedings is to be enforceable in the same manner as a judgment of the High Court or a county court in a civil case or, as the case may be, of a court of summary jurisdiction for a civil debt;

(b) except Part II of Schedule 1 (priority as between attachment of earnings orders) and without prejudice to Article 4( e ), to judgments enforceable pursuant to Articles 98, 99 and 109 of the Magistrates' Courts (Northern Ireland) Order 1981 ;

(c) except—

(i) Articles 3, 97 to 105 and 122 and Schedule 1 (attachment of earnings orders), and

(ii) Articles 107 and 108 and so much of Parts X and XI as relates thereto (instalment orders and committal orders),

to orders for the periodical payment of money made by the High Court or a ... county court in the exercise of its matrimonial jurisdiction or by the High Court or a ... county court in the exercise of its civil partnership jurisdiction .

Section 7 The Enforcement of Judgments Office

(1) The Department of Justice shall continue to maintain the Office within that department.

(2) Subject to the provisions of this Order (and in particular Part VIII) all judgments to which this Order applies shall be enforced by or through the Office.

(3) Paragraph (2) does not prejudice the power to make a complaint under Article 99 of the Magistrates' Courts (Northern Ireland) Order 1981 (lump sum in domestic or civil partnership proceedings), where no proceedings have been taken in the Office as mentioned in paragraph (4) of Article 99 of that Order of 1981 .

Section 8 Exercise of functions of Office

The functions of the Office shall, subject to and in accordance with rules and with directions given by the Lord Chancellor, be exercisable by—

(a) the Master;

(b) a Judicial Officer; and

(c) the Chief Enforcement Officer or any other member of staff of the Office .

Section 9 Seal of Office

(1) The Office shall have an official seal of which judicial notice shall be taken.

(2) Any document purporting to be sealed with the seal shall be admissible in evidence.

(3) Where a document purporting to be so sealed is a copy of another document, the copy shall be admissible in evidence in like manner as the original.

Section 10 Records of Office

The records of the Office shall be preserved in such manner and for such period as the Lord Chancellor may direct.

Section 11 General jurisdiction of Office

Subject to the provisions of this Order, the jurisdiction relating to the enforcement of judgments which immediately before 15th February 1971 was exercised by any court, and which, by virtue of section 8 of the Judgments (Enforcement) Act (Northern Ireland) 1969 , became vested in the Office, shall continue to be vested in the Office.

Section 12 Limitations on jurisdiction of Office

Nothing in this Order enables the Office—

(a) to make or enforce any order of sequestration or any order of committal; or

(b) to perform any functions relating to the enforcement of judgments which were, immediately before 15th February 1971, performed by the Admiralty Marshal.

Section 13 Power of Office to make orders, etc.

Without prejudice to the generality of Article 11 and to any powers conferred by this Order but subject to Article 12, the Office may—

(a) make enforcement orders;

(b) issue custody warrants;

(c) issue processes for the attendance and examination—

(i) of debtors as to their means; and

(ii) of any other persons appearing to the Office to be in possession of any information relevant to the means of debtors;

(d) conduct the examinations referred to in paragraph ( c );

(e) receive moneys in respect of payments of the whole or parts of amounts recoverable on foot of judgments;

(f) subject to any other statutory provision, stay enforcement of any judgment, whether before or after an application has been made under Article 22 or Article 23(1) and either absolutely or on such terms and conditions as it may consider proper;

(g) set aside, discharge or vary, either of its own motion or upon the application of a party to the proceedings or of any other person affected—

(i) any enforcement order; or

(ii) any custody warrant issued by it or any seizure made pursuant to an authorisation given under Article 43; or

(iii) subject to Article 21, any certificate of unenforceability; or

(iv) any notice or direction issued or given by it; or

(v) any order under Article 136(2)( a ) dismissing an application for enforcement of a judgment or any order under Article 136(2)( b ) or Article 137(2)( b ) declaring that a priority attaching to such an application is forfeited; or

(vi) any administration order;

(h) issue notices of unenforceability and grant certificates of unenforceability;

(i) dismiss an application under Article 22 or 23.

Section 14 Stay of enforcement in cases of insolvency

(1) Without prejudice to Articles 80 to 87 (administration orders) the power conferred by Article 13( f ) shall include power to stay enforcement on the ground that, having regard to the liabilities of the debtor (in addition to the amount recoverable on foot of the judgment), the property of the debtor ought in the opinion of the Office to be administered for the benefit of all his creditors.

(2) Subject to paragraph (3), an order staying enforcement on the ground mentioned in paragraph (1) shall cease to have effect on the expiration of a period of six weeks from the date of the order.

(3) The Office may by order extend the period for which such an order staying enforcement has effect if it considers there is a reasonable likelihood that, within the extended period,—

(a) where the debtor is an individual—

Head (i) rep. by 1989 NI 19

(ii) he will enter into an arrangement with his creditors generally, or

(iii) a petition to the court to adjudge him bankrupt will be presented by or against him, or

(b) where the debtor is a company—

(i) an application will be made to the court for an order under section 896 of the Companies Act 2006 summoning a meeting of the company's creditors to consider a proposed compromise or arrangement with them, or

(ii) a petition for the winding-up of the company will be presented to the court, or

(iii) a resolution for the voluntary winding-up of the company will be passed or

(iv) an application will be made to the court for a special administration order under Article 42 of the Water and Sewerage Services (Northern Ireland) Order 2006.

(iv) the directors of the company will make a proposal to the company and its creditors for a voluntary arrangement under Part II of the Insolvency (Northern Ireland) Order 1989, or

(v) an application will be made to the court for an administration order under Part III of that Order of 1989, or

(vi) an application will be made to the court for a postal administration order under Part 4 of the Postal Services Act 2011.

Section 15 Effect of orders made by Office

Any order of the Office shall have the like force and effect as an order of the High Court.

Section 16 Methods of enforcement by Office

(1) Subject to the provisions of this Order, the Office may enforce a judgment by all or any of the following methods—

(a) an instalment order under Article 30;

(b) an order of seizure under Article 31 or an authorisation given under Article 43;

(c) an order charging land under Article 46;

(d) an order for delivery of possession of land under Article 53;

(e) an order for the delivery of goods under Article 57;

(f) a charging order on funds, stock or shares under Article 58;

(g) the disposal of funds, stock or shares by the Chief Enforcement Officer under Article 60 following an order vesting them in him under that Article;

(h) a debenture order under Article 61;

(i) a stop order under Article 62;

(j) a restraining order under Article 66;

(k) a partnership order;

(l) an order appointing a receiver under Article 67;

(m) an attachment of debts order under Article 69;

(n) an order for payment by a garnishee under Article 70;

(o) an attachment of earnings order under Article 73.

(2) The method of enforcement of a money judgment shall be in the discretion of the Office and an applicant for enforcement may not require the use of any particular method.

(3) Without prejudice to any liability for the payment of stamp duty on any document executed to give effect to any such order as is specified in paragraph (1), stamp duty shall not be payable on any such order.

Section 17 Limitation on enforcement

(1) An application under Article 22 or 23 shall not be accepted by the Office—

(a) in respect of a judgment—

(i) which may be enforced only by leave of a court, without leave of that court;

(ii) enforcement of which has been stayed or postponed, so long as the stay or postponement remains in force; or

(b) without the leave of the Office, after the expiration of six years from the date on which the judgment became enforceable; or

(c) after the expiration of 12 years from the date on which the judgment became enforceable; or

(d) in such other circumstances as may be prescribed by rules.

(2) An application under Article 22 shall not be proceeded with where it is withdrawn by the creditor.

(3) Subject to paragraph (1), the creditor may, notwithstanding such withdrawal, make a fresh application under Article 22 if he thinks fit so to do.

(4) A judgment against a firm shall not be enforced otherwise than against property of the firm except by leave of the court, and, upon such leave being granted, may be enforced against the person or persons named in the grant of leave as if the judgment had been given against him or them personally.

(5) A judgment against a person in a name or style other than his own shall not be enforced without leave of the court, and, upon such leave being granted, may be enforced against the person named in the grant of leave as if the judgment had been given against him personally.

(6) In paragraphs (4) and (5) “the court” means— .

(a) where the judgment was given by a county court, any county court,

(b) where the judgment was given by a court of summary jurisdiction, any court of summary jurisdiction,

(c) in any other case, the court by which the judgment was given.

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Section 18 Notice of unenforceability

Where it appears to the Office that a money judgment for the enforcement of which an application has been made under the succeeding provisions of this Order cannot be enforced within a reasonable time by any enforcement order, the Office shall issue to the creditor and to the debtor a notice of unenforceability; or where it appears to the office that such a judgment can be partially enforced, the judgment shall be enforced to the extent that appears to the Office to be reasonably practicable and a notice of unenforceability shall be issued for the balance remaining due.

Section 19 Certificate of unenforceability

Where the Office has issued a notice of unenforceability it shall give the debtor and the creditor to whom the notice has been issued an opportunity of being heard as to why a certificate of unenforceability should not be granted; and if, after giving the debtor and the creditor such an opportunity, the Office is satisfied that the money judgment in respect of which the notice of unenforceability has been issued cannot within a reasonable time be enforced, or that it is not reasonably practicable to enforce it further within such a time, the Office shall forthwith—

(a) grant a certificate of unenforceability in respect of that judgment or in respect of so much of it as cannot reasonably be enforced; and

(b) publish notice of the grant of that certificate in such manner as may be prescribed by rules;

but if not so satisfied shall refuse to grant a certificate.

Section 20 Effect of certificate of unenforceability

Where a certificate of unenforceability is granted in respect of a money judgment against a debtor—

(a) no further action shall be taken by the Office in relation to—

(i) the application for enforcement of that judgment, or

(ii) any application for enforcement of any other money judgment against that debtor, where the application bears a serial number later than that of the application mentioned in head (i); and

(b) no further application under Article 22 or 23(1) in relation to that debtor shall be accepted by the Office without the leave of the Chief Enforcement Officer;

unless the certificate is set aside under Article 13( g )(iii).

Section 21 Setting aside of certificate of unenforceability

(1) A certificate of unenforceability may be set aside only on an application of a creditor who is entitled to enforce a judgment on an application mentioned in Article 20( a ) or ( b ) showing that the debtor has or is about to have assets or income in relation to which, having regard to the priority attaching by virtue of Article 24 to any other application for enforcement, an enforcement order can, or might be able to, be made for the enforcement of the judgment which is the subject of that creditor's application.

(2) An application under paragraph (1) must be made within 12 years from the date on which the certificate of unenforceability was granted and may be made during the last six years of that period only by leave of the Office.

Section 22 Application for enforcement

Subject to Article 17(1), any person entitled to enforce a judgment may on payment of the appropriate fee apply to the Office for enforcement of that judgment.

Section 23 Preliminary application for custody warrant and report

(1) Where the outstanding balance of all moneys due and payable under the judgment exceeds £3,000 or such other amount as may be fixed by rules, the creditor may, in the first instance, upon payment of the appropriate fee apply to the Office for—

(a) the issue of a custody warrant; and

(b) a report as to the means of the debtor following—

(i) a requirement for information under Article 26, or

(ii) an examination under Article 27 or 28.

(2) If the creditor to whom the report referred to in paragraph (1)( b ) is delivered fails to apply for enforcement of the judgment in accordance with the provisions of Article 22 within 10 days or such longer period as the Office may allow after such delivery, the Office shall forthwith discharge the custody warrant, and thereupon the application under paragraph (1) shall cease to have effect.

Section 24 Priority of applications

(1) When the Office accepts an application under Article 22 or Article 23(1), it shall assign to that application a serial number.

(2) Where a creditor who has made an application under Article 23(1) makes, in accordance with Article 23(2), an application under Article 22 for the enforcement of the same judgment, the last-mentioned application shall be assigned the same serial number as the application under Article 23(1).

(3) Where applications are made in respect of more than one money judgment against the same debtor, the enforcement of such judgments shall, subject to paragraph (4), be effected so that a pending application bearing an earlier serial number is dealt with in priority to any such application bearing a later serial number.

(4) Nothing in paragraph (3) shall—

(a) prejudice Articles 80 to 87 (administration orders); or

(b) prevent an enforcement order being made on a pending application bearing a later serial number, if by virtue of Article 138(1)( a ) the priority of a pending application bearing an earlier serial number is postponed to that of the pending application bearing the later serial number.

Section 25 Taking custody of goods under a money judgment

(1) A custody warrant shall be issued by the Office forthwith after an application has been duly made—

(a) under Article 22 for the enforcement of a money judgment, where no custody warrant is in force under Article 23 in respect of the same judgment against the same debtor;

(b) under Article 23(1);

and the Office shall cause the warrant to be served on the debtor.

(2) On the service of a custody warrant, all goods (save as may be specified in the warrant or exempted by rules)—

(a) upon all premises occupied by the debtor;

(b) in any other place, being goods under the sole control of the debtor or under the joint control of the debtor and his spouse or civil partner or any of his dependants;

shall, as from the service of the warrant, be deemed to be in the custody and possession of the Office.

(3) Without prejudice to paragraph (2), when an enforcement officer serves a custody warrant on a debtor he may—

(a) serve also a list of specific goods which are liable to be seized under an order of seizure; and

(b) label or otherwise identify those goods as a safeguard against their disposal.

(4) Upon payment by or on behalf of the debtor of the amount recoverable on foot of the judgment or in discharge of the custody warrant, the custody and possession of the goods of the debtor by the Office pursuant to the warrant shall terminate.

Section 26 Examination of debtor following service of custody warrant

The debtor shall after service of a custody warrant give to the enforcement officer such information as to the means of the debtor as that officer may require.

Section 27 Examination of debtor as to his means

(1) A debtor other than a company may be summoned by the Office—

(a) to attend in person, at a time and place specified in the summons, for examination by the Office as to his means; and

(b) to produce all books, documents and things in his possession or under his control relating to his means.

(2) Where—

(a) without reasonable excuse—

(i) a debtor does not attend in pursuance of a summons under paragraph (1), or

(ii) a debtor does not answer, or answer satisfactorily, any question as to his means put to him by an enforcement officer under Article 26 and his default is certified by the enforcement officer; or

(b) the Office has reason to suspect—

(i) that a debtor is evading service of such a summons, or

(ii) that he will attempt to evade such service, if a summons is issued, or that he will not attend in pursuance of such a summons, if served;

the Office may make an order—

for the attendance of the debtor in person, at a time and place specified in the order, for examination by the Office as to his means and for the production by him of all books, documents and things in his possession or under his control relating to his means; and

for the issue by the Office of a warrant for his arrest in the event of his failing to attend in pursuance of the order.

Section 28 Examination of third parties as to means, etc., of debtor

(1) Where a debtor is a company, any person who is a director, officer or servant of the company may be summoned by the Office—

(a) to attend in person, at a time and place specified in the summons, for examination by the Office as to the assets or liabilities of the company; and

(b) to produce all books, documents and things in his possession or under his control relating to those assets and liabilities.

(2) Where—

(a) it appears to the Office that any person is or may be able to give information as to the means of a debtor other than a company or, as the case may be, the assets or liabilities of a debtor company or firm; and

(b) that person without lawful excuse refuses or neglects to provide such information within a reasonable time after being required in writing by the Office to do so;

that person may be summoned by the Office—

to attend in person, at a time and place specified in the summons, for examination by the Office as to those means or assets and liabilities; and

to produce all books, documents and things in his possession or under his control relating to those means or assets and liabilities.

(3) Where without reasonable excuse a person does not attend in pursuance of a summons under paragraph (1) or (2), the Office may make an order directing him to attend in person for examination by the Office as mentioned in paragraph (1)(a) or (2)(i) (whichever is applicable) and to produce the books, documents and things mentioned in, respectively, paragraph (1)( b ) or (2)(ii).

(4) If it appears to the Office that a person—

(a) is evading service of a summons under paragraph (1) or (2) or an order under paragraph (3); or

(b) without reasonable excuse has not attended before the Office in pursuance of an order under paragraph (3),

the Office may, on application in writing by or on behalf of the creditor, issue a warrant for that person's arrest.

Section 29 Provisions consequent on execution of warrant of arrest

(1) Upon the execution of a warrant of arrest issued in pursuance of an order under Article 27(2)(B) or of such a warrant issued under Article 28(4), the debtor or other person shall, subject to paragraph (2), be brought before the Office and shall there be examined on oath as to the matters mentioned in Article 27(2)(A) or, as the case requires, Article 28(1) or (2).

(2) Where a person has been taken into custody in pursuance of such a warrant as is referred to in paragraph (1) he shall, if it is not practicable to bring him before the Office within 24 hours after he was so taken into custody, be brought as soon as practicable before a justice of the peace who may—

(a) discharge him upon his entering into a recognizance in a reasonable amount to appear before the Office at the time and place named in the recognizance; or

(b) where he refuses to enter into such a recognizance, commit him to prison and direct that he be brought as soon as practicable thereafter and, in any event, not later than eight days from the date of such committal before the Office, there to be examined on oath as to the matters referred to in paragraph (1).

Section 30 Instalment order

Where it appears that a debtor has or will have the means to satisfy by instalments within a reasonable time the whole or any part of the amount recoverable on foot of a judgment, the Office may make an instalment order for the payment by the debtor of the whole or part of that amount.

Section 31 Order of seizure

The Office may make an order of seizure authorising, subject to Article 33, the seizure by an enforcement officer of property of any description mentioned in Article 32 which is sufficient to satisfy all or any part of the amount recoverable on foot of the judgment.

Section 32 Property which may be seized

Subject to Article 33, an order of seizure shall be authority for the seizure of property of any of the following descriptions:—

(a) goods in which the debtor has a saleable interest in his own right;

(b) money, bills of exchange, bonds and promissory notes and any other securities for money, belonging to the debtor;

(c) any life policy in which the debtor has a sole beneficial interest, if the amount assured by the policy is not less than £100 and the surrender value of the policy exceeds £25;

(d) goods of the debtor's spouse or civil partner , where it appears to the Office that the judgment debt relates to—

(i) goods obtained or services rendered; or

(ii) the rent of, or rates due in respect of the occupation of, premises;

for the general use or enjoyment of the debtor, his spouse or civil partner and his dependants residing with him.

Section 33 Property exempt from seizure

An order of seizure shall not be authority for the seizure of property of any of the following descriptions:—

(a) such wearing apparel, furniture, bedding and household equipment of the debtor and his spouse or civil partner as appear to the Office to be essential for the domestic purposes of the debtor, his spouse or civil partner and his dependants residing with him, or any of them;

(b) the tools and implements of the debtor's trade to the value of £200 or of such greater amount as may be fixed by rules;

(c) any property which has, at the date when the order takes effect, been seized under any other statutory provision;

(d) any property held by the debtor in trust for or on behalf of any other person or body;

(e) any property in the hands of a receiver appointed by a court, except with the leave of the court which appointed the receiver;

(f) any property exempted from seizure by any other statutory provision.

Section 34 Effect of order of seizure

(1) Subject to paragraph (2), an order of seizure shall have the effect of placing any property which is liable to be seized in pursuance thereof in the custody and possession of the Office and charging it with the amount recoverable on foot of the judgment in favour of the creditor for whose benefit the order is made.

(2) An order of seizure shall not prejudice the title to property acquired by any person in good faith and for valuable consideration unless that person had, at the time when he acquired the title, notice that the order of seizure had been made.

Section 35 Power to defer removal of property seized

An enforcement officer executing an order of seizure may label or otherwise identify any property seized in pursuance of the order and may defer the removal of the property upon his receiving in writing—

(a) an admission by the debtor that the property in question is in his possession, and

(b) an undertaking by the debtor to pay the amount recoverable on foot of the judgment, or a substantial part of it, by a date specified in the undertaking.

Section 36 Where seizure may be effected

An enforcement officer may under an order of seizure seize any property liable to be seized in pursuance thereof if that property—

(a) is in or upon any land occupied or used—

(i) by the debtor or his spouse or civil partner or any of his dependants; or

(ii) by any other person, where notice of the order has been given to that person; or

(b) is on the highway or in any public place.

Section 37 Cesser of effect of order of seizure

An order of seizure shall cease to have effect after the expiration of such period or in such circumstances as may be prescribed by rules.

Section 38 Power of entry under order of seizure

During the continuance in force of an order of seizure any land occupied or used by the debtor or his spouse or civil partner or any of his dependants or by any other person such as is mentioned in Article 36( a )(ii) may at any reasonable time be entered, by force if necessary, by an enforcement officer on production, if required, of his credentials for the purpose of identifying or of removing for sale or to a place of safety any property which is liable to be seized in pursuance of the order or of ascertaining whether or not any such property has been interfered with.

Section 39 Special provisions as to bills of exchange, policies of assurance, etc.

(1) Where any bills of exchange, bonds or promissory notes or any other securities for money have been seized under an order of seizure, the Office shall hold them as security for the amount recoverable on foot of the judgment.

(2) When the time arrives for the recovery of the sum secured or made payable by virtue of any bill of exchange, bond, promissory note or other security held by the Office under paragraph (1), a creditor or the Chief Enforcement Officer may sue in the name of the debtor for the recovery of any sum so secured or made payable and still outstanding (and, where the Chief Enforcement Officer sues, on a change in the person who is that Officer the proceedings shall not abate but may be continued by his successor in office).

(3) Where any life policy has been seized under an order of seizure the Office may surrender the policy to the assurer, and thereupon the assurer shall, notwithstanding anything contained in the policy, pay to the Office such moneys as would have been payable to the assured if he had surrendered the policy to the assurer; and a receipt of the Office in respect of any moneys so paid shall be as effective as if given to the assurer by the assured.

Section 40 Sale of property seized

(1) Any property seized under an order of seizure shall be sold or otherwise disposed of under the direction of the Office and in accordance with rules.

(2) Save as otherwise fixed by rules, the Office shall appoint a valuer or broker to value any property which is seized in pursuance of an order of seizure and which is to be sold and to sell it in accordance with rules.

(3) There shall be paid to any valuer or broker appointed under paragraph (2) charges fixed by rules.

Section 41 Title to property sold under order of seizure

A purchaser of any property seized under an order of seizure and sold to him under the direction of the Office shall receive a good title to the property.

Section 42 Retention of proceeds of sale

The proceeds of the sale of any property sold pursuant to Article 40 shall in any event be retained by the Office for 21 days from the date of sale.

Section 43 Authorisation of seizure, in certain cases, on service of custody warrant

Without prejudice to Articles 31 to 42, if the amount of a judgment debt does not exceed £100 an enforcement officer authorised in that behalf in writing by the Office may, upon service of a custody warrant and of a copy of the authorisation, seize sufficient property of a description mentioned in Article 32 (but not of a description mentioned in Article 33) to meet the amount recoverable on foot of the judgment; and Articles 31 to 42 (except the power under Article 38 to enter by force) shall apply as if an order of seizure had been made.

Section 44 Interpleader

(1) Where property of a debtor—

(a) is liable to be, or has been, seized in pursuance of an order of seizure; or

(b) has been sold under Article 40 or otherwise realised; or

(c) has been seized in pursuance of an authorisation given under Article 43;

any person claiming to have or to have had an interest in the property (other than the debtor or, where Article 32( d ) applies, the debtor's spouse or civil partner ) may apply to the Office to have his interest determined.

(2) If it appears on the hearing of an application under paragraph (1) that the claimant has or had a sole interest in the whole or a severable part of the property, then—

(a) if the property has not been sold or otherwise realised an order may be made for the delivery to the claimant of the property or the part so claimed;

(b) if the property has been sold or otherwise realised and the proceeds thereof are held by the Office, an order may be made that there be paid to the claimant the proceeds of sale or realisation of the property or of the part so claimed.

(3) If it appears on the hearing of an application under paragraph (1) that the claimant has or had any interest other than that specified in paragraph (2) in any such property, then—

(a) if the property has not been sold or otherwise realised, an order may be made that—

(i) the property be delivered to the claimant upon payment by him to the Office of such amount representing the value of the debtor's interest in the property as may be specified in the order; or

(ii) if the claimant does not seek possession of such property or does not make payment pursuant to an order under head (i), the property be sold or otherwise realised and out of the proceeds thereof there be paid to the claimant such amount representing the value of the claimant's interest in the property as may be specified in the order;

(b) if the property has been sold or otherwise realised, an order may be made that out of the proceeds of the sale or realisation there be paid to the claimant such amount representing the value of the claimant's interest in the property as may be specified in the order.

(4) On the hearing of any application under this Article an order may be made—

(a) referring the claim for hearing and determination by the High Court or by the county court; or

(b) directing that the proceeds of the sale of the property be lodged either in the Court of Judicature or in the county court.

Section 45 Restrictions on enforcement of money judgments against land

A money judgment shall be enforceable against land only in accordance with Articles 46 to 52.

Section 46 Order charging land

(1) The Office may by order (in this Order referred to as an order charging land) impose on any such land or estate in land of the debtor as may be specified in the order a charge for securing the payment of the amount recoverable on foot of the judgment or so much thereof as may be so specified.

(2) An order charging land may be made either absolutely or subject to such conditions as to notifying the debtor or as to the time when the charge is to become enforceable, or as to such other matters, as may be specified in the order.

(3) An order charging registered land shall not have effect until the charge thereby imposed or, where Article 48 or paragraph 4 of Part IV of Schedule 2 to the Land Registration Act (Northern Ireland) 1970 applies, a notice of the order is registered by or on behalf of the creditor in the Land Registry, and subject to Part IV of that Schedule 2 an order charging unregistered land shall not have effect until the order is registered by or on behalf of the creditor in the Registry of Deeds.

Section 47 Duration of order charging land

An order charging land and any charge imposed thereby or any notice relating to any such order shall cease to have effect on the expiration of 12 years from the date of the judgment.

Section 48 Registration of notice of order charging registered land

(1) An order charging any estate of a debtor in registered land of which the debtor is not the registered owner shall not be registered in the Land Registry, but the creditor may cause notice of the order to be so registered.

(2) So long as such a notice as is referred to in paragraph (1) subsists on the appropriate register, the debtor or any person claiming under him shall not be registered as owner of the land unless the charge has been satisfied or has ceased to have effect or is entered on that register as a burden; and the entry relating to such notice shall state the restrictive effect thereof.

Section 49 Effect of order charging land

Subject to Articles 46(3), 47, 48 and 52, an order charging any land shall have the like effect as a charge on that land created by the debtor in favour of the creditor.

Section 50 Registration of charge against land

(1) Unless and until Land Registry rules otherwise provide, a person seeking to register a charge imposed by an order charging registered land shall lodge in the Land Registry, together with such other documents as may be required by law, one certified copy or, where the debtor is a company, three certified copies of the order charging that land.

(2) Unless and until regulations made by the Department of Finance under the Registration of Deeds Acts otherwise provide, a person seeking to register an order charging unregistered land shall lodge in the Registry of Deeds two or, where the debtor is a company, four copies of that order of which one, or, where the debtor is a company, three, shall be certified copies; and for the purposes of the Registration of Deeds Act (Northern Ireland) 1970 the certified copy (or one of the certified copies) of the order shall be treated as the document to be registered and the uncertified copy shall, subject to section 12 of that Act and any regulations made thereunder (type of paper, etc., to be used for registration purposes), be treated for those purposes as the memorial of that document.