Reinstatement of certain money warrants after whole or part of payable amount has been paid by third party
28 Reinstatement of certain money warrants after whole or part of payable amount has been paid by third party
In this section—
S. 28(1) def. of applicable money warrant inserted by No. 47/2014 s. 322(2)(a).
applicable money warrant means an executed money warrant or a partly executed money warrant;
S. 28(1) def. of executed money warrant amended by No. 47/2014 s. 322(2)(b).
executed money warrant means a money warrant in respect of which the sheriff has received the whole of the payable amount from a third party in the absence of the person named or described in the warrant;
S. 28(1) def. of partly executed money warrant inserted by No. 47/2014 s. 322(2)(a).
partly executed money warrant means a money warrant that is an enforcement warrant or a civil warrant in respect of which the sheriff has received part of the payable amount from a third party in the absence of the person named or described in the warrant;
third party has the meaning given by section 27.
S. 28(2) amended by No. 47/2014 s. 322(3).
The court that issued an applicable money warrant may, on the application of a person named or described in the applicable money warrant, reinstate that warrant as a money warrant.
A person may make an application under this section within 28 days after being served with a notice under section 27(9).
S. 28(4) amended by No. 47/2014 s. 322(4)(a).
If the court reinstates an applicable money warrant as a money warrant, the amount paid by the third party must be refunded to the third party and—
if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or
S. 28(4)(b) amended by No. 47/2014 s. 322(4)(b).
if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account; or
S. 28(4)(c) inserted by No. 47/2014 s. 322(4)(c).
if the amount has been held under section 33(3A), the amount is to be returned to the third party.
S. 28(5) amended by No. 47/2014 s. 322(5).
An applicable money warrant may only be reinstated once under this section.
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