Courts Act 2003

Enforcement officers to have traditional powers etc. of sheriffE+W

4(1)This paragraph applies in relation to writs directed to one or more enforcement officers under paragraph 3 [F1and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b)] .E+W

[F2(1A)But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule.]

(2)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.

[F3(2A)The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—

(a)the warrant had been issued to him, and

(b)the district in which it is to be executed had been within his county.]

[F4(3)“The relevant officer” means—

(a)in relation to a writ—

(i)if the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer;

(ii)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,

(b)in relation to a warrant—

(i)if the warrant is issued to a single enforcement officer in accordance with paragraph 3A(2)(a) or (b), that officer;

(ii)if the warrant is issued to two or more enforcement officers collectively in accordance with paragraph 3A(2)(a), the officer to whom, in accordance with approved arrangements, the execution of the warrant is allocated.]

[F5(4)Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer.]

(5)In this Schedule “approved arrangements” means arrangements approved by the Lord Chancellor or a person acting on his behalf.

Textual Amendments

F4Sch. 7 para. 4(3) substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 140(6), 148(5), S.I. 2007/2709, {art. 5(a)}