Warning of execution of enforcement warrant—seven-day notice
119 Warning of execution of enforcement warrant—seven-day notice
A person authorised to execute an enforcement warrant against a fine defaulter who is a natural person must not take any step to execute the enforcement warrant under this Part unless—
that person or another person has served on the fine defaulter in respect of whom the enforcement warrant has been issued a seven-day notice containing the prescribed details; and
Note
See Division 2 of Part 15 for service requirements.
if the person authorised to execute an enforcement warrant is the sheriff, the sheriff has made a demand on the fine defaulter in respect of whom the enforcement warrant has been issued.
If a seven-day notice is served on a fine defaulter by a person other than the sheriff, a demand for payment is not to be made at the time of service of the seven-day notice.
S. 119(3) amended by No. 29/2016 s. 33, substituted by No. 59/2017 s. 85.
A seven-day notice must include a warning that, on the expiry of 7 days or earlier if the person has waived the operation of the unexpired period of another seven-day notice under section 36 of the Sheriff Act 2009, the enforcement warrant may be executed and the fine defaulter arrested or the property of the fine defaulter seized unless the fine defaulter—
has paid the registered fine; or
S. 119(3)(ab) inserted by No. 59/2017 s. 34.
has paid the registered collection and enforcement order; or
S. 119(3)(b) amended by No. 17/2022 s. 41(1).
has applied for an enforcement review which has not been determined; or
has made a payment arrangement; or
S. 119(3)(d) amended by No. 17/2022 s. 41(2)(a).
is the subject of an application for a work and development permit which has not been determined; or
S. 119(3)(e) inserted by No. 17/2022 s. 41(2)(b).
has applied for a determination that they are an FVS eligible person for the purposes of the family violence scheme and that application has not been determined.
120 What can be done during period of the seven-day notice?
Subject to subsection (2), during a period of 7 days after service of a seven-day notice, a person authorised to execute an enforcement warrant—
may seize and take possession of the personal property of the fine defaulter in respect of whom the enforcement warrant was issued; and
must not remove that personal property from the residential or business property in which it is situated unless the person executing the enforcement warrant believes on reasonable grounds that it is necessary to do so to avoid it being disposed of or removed.
S. 120(1A) inserted by No. 17/2022 s. 17.
For the avoidance of doubt, section 14(1)(c) of the Sheriff Act 2009 does not limit the power of a person authorised to execute an enforcement warrant under subsection (1) in accordance with that subsection.
A person must not seize and take possession of personal property under subsection (1) unless—
a demand has been made under section 119(1)(b); or
before the seizure and taking possession of personal property under subsection (1), a demand for payment of the registered fine is made.
A person who executes an enforcement warrant by removing property during the period referred to in subsection (1) must—
make a written statement specifying the reason for so doing; and
file a copy of the written statement with the Director and the registrar.
Note
It is an offence to give false or misleading information in a statement required by or under this Act. See section 184.
This Act’s bill:Explanatory memorandumSecond reading speech
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