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146 Judgments (Enforcement)
1981 No. 147
JUDGMENTS (ENFORCEMENT)
JUDGMENT ENFORCEMENT RULES (NORTHERN IRELAND) 1981
Made
Coming into operation
To be laid before Parliament
ARRANGEMENT OF RULES
PRELIMINARY
- Citation, commencement and revocation
- Interpretation
- l2'onns
- Non-compliance with -rules
6th May 1981
15th June 1981
PART 1
PROCEEDINGS UNDER THE ORDER
- Further limitations on enforcement under Article 17(1)
ApPLICATION FOR ENFORCEMENT UNDER ARTICLE 22
- Notice of intent to apply for enforcement
- Form and manner of application , 8. Other matters to be stated in an application
- Signing of application
- Time for lodgment of application
- Priorities of applications
- Securing debtor's goods etc.
ASCERTAINMENT OF MEANS
No. 147
- Increase of financial limit for preliminary application for custody warrant and report,
- Application for discovery under Article 23(1)
- Discretion of Chief Enforcement Officer
- Duties of enforcement officer
- Summons for examination as to means
- Conditional order for issue of warrant of arrest
- Examination of officers of debtor company
- Examination of third parties as to respondent's means
- Application for warrant of arrest
- Warrant of arrest
- Conduct of examination as to means
- Contempts on examination
No. 147 Judgments (Enforcement)^747
PROCEDURE FOLLOWING EXAMINATION AND REPORT
- Report etc. to be sent to applicant
- Powers of the Master
- Power of Chief Enforcement Officer to make orders etc.
- Orders which may be made by Chief Enforcement Officer
- Instalment order
- Order of seizure
- Notice to person with interest in goods liable to seizure
- Sale of goods seized
- Remuneration of valuers and brokers
- Order charging land
- Order for delivery of possession of land
- Order for possession to be sent to respondent and others
- Notice of eviction
- Wrongful delivery of possession of land
- Order for delivery of goods
- Order charging securities
- Order vesting certain funds, stocks etc.
- Debenture order
- Restraining order against shares in private companies
- Stop order
- Order appointing receiver
- Attachment of debts
- Order for payment of attached debt
- Application for attachment of earnings order
- Provisional order etc.
- Notice to employer
- Hearing of application for attachment of earnings order
- Application to determine whether particular payments are earnings
- Attachment of earnings order
- Variation and discharge of attachment of earnings order by Office of its own motion
- Exercise of power to obtain statement of earnings
- Application to revive an attachment of earnings oider
- Application under the Crown Proceedings Act 1947
GENERAL PROVISIONS
- Application by creditor in the course of enforcement proceedings
- Application by respondent in the course of enforcement proceedings
- Application by third parties
- Procedure in absence of party
- Form of application
- Time for service of application
- Extension etc. of time
- Adjournments
- Date from which order etc. takes effect
- Amendment of orders etc.
- Setting aside, discharging or varying enforcement orders etc.
- Certificate of facts
- Appeals
- Expression of dates etc. in documents
- Copy documents
- Right of audience
- Swearing of affidavits
No. 147 Judgments (Enforcement) 749
The Lord Chancellor, in exercise of the powers conferred on him by Article 141(1) of the Judgments Enforcement (Northern Ireland) Order 1981(a) and of all other powers enabling him in that behalf, hereby makes the following Rules-
PRELIMINARY
Citation, commencement and revocation 1.-( 1) These Rules may be cited as the Judgment Enforcement Rules (Northern Ireland) 1981 and shall come into force on 15th June 1981.
(2) The Judgment Enforcement Rules 1979(b) and the Judgment Enforcement (Amendment) Rules 1981(c) are hereby revoked.
Interpretation 2.-(1) In Part 1 of these Rules- "the Order" means the Judgments Enforcement (Northern Ireland) Order 1981 and an Article referred to by number means the relevant Article of the Order; "assisted person" means a person who has been granted legal aid under the provisions of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(d); "the applicant" means a person entitled to enforce a judgment under the Order and includes a creditor; , 'Chief Enforcement Officer" means the officer of the Northern Ireland Court Service designated pursuant to Article 2(2) and includes'the officer designated as his deputy;
., 'creditor" for the purposes of rules 84 to 1 02 inclusive, includes a person whose
name has b~en scheduled or is entitled to be scheduled pursuant to Article 83; "debtor" means an individual1iable under a money judgment; "debtor company" means a company liable under a money judgment; "documents" includes a notice;. "Judicial Officer" means the statutory officer appointed as .Judicial Officer (Enforcement of Judgments) under section 70(1) of the Judicature (Northern Ireland) Act 1978(e); "the Master" means the statutory officer :appointed as Master (Enforcement of Judgments) under section 70(1) of the Judicature (Northern Ireland) Act 1978 and includes, except where otherwise specified, a Judicial Officer; "notice of intent" means a notice given under rule 6; , 'registration officer" means the officer designated for the time being to keep the register of judgments under Article 116; "the respondent" means a person against whom a judgment is enforceable under the order and includes a debtor and a debtor company; "sealed" means sealed with the official seal of the Office.
(2) In Part 2 of these Rules- "the Act" means the Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971(f);
(a) S.1. 19811226 (N.1. 6) (b) S.R. 1979 No. 87 (c) S.R. 1981 No. 21 (d) S.1. 19811228 (N.1. 8) (e) 1978 c. 23
. (fl 1971 c. 30 (N.·I.)
750 Judgments (Enforcement)^ No. 147
"the applicant" means a person entitled to apply for an emergency enforcement order under section 3 of the Act; "the Office" means the Enforcement of Judgments Office; "the Master" includes a Judicial Officer to whom imy of the functions under the Act have been assigned; "the respondent" means a person against whom an application has been made under section 3 of the Act; "sealed" means sealed with the official seal of the Enforcement of Judgments Office.
(3) Any reference to the means of a respondent in these Rules include~ a reference to the assets and ~iabilities of a debtor company. 0
(4) The expressions used in these Rules shall in Part 1, unless the contrary intention appears, have the same meaning as in the Order and in Part 2 have the same meaning as in the Act.
Forms 3.-(1) The forms in Schedules 1 and 2 shall be used where applicable with such variations as the circumstances of the particular case require. (2) References in Part 1 of these Rules to numbered forms are references to the numbered forms in Schedule 1 to these Rules and references in Part 2 of these Rules to numbered forms are references to the numbered forms in Schedule 2 to these Rules.
Non-compliance with rules
4.-(1) Where, in beginning or purporting to begin any proceedings for enforcement under the Order or at any stage in the course of or in connection with any such proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these Rules, whether in respect oHime, pl~ce. manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings or any document, judgment or order therein.
(2) The Master may, on the ground that there has been such a failure as is mentioned in paragraph (1) and on such terms as to costs or otherwise .as he thinks just, set aside either wholly or in part the proceedings or any document or order therein or exercise his powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as he thinks fit.
PART 1
PROCEEDINGS UNDER THE ORDER
Further limitations on enforcement under Article 17(1) 5.-(1) An application under Article 22 shall not be accepted by the Office- (a) except with the leave of the Chief Enforcement Officer, where the applicant has made a previous application to enforce the judgment; (b) except with the leave of the court giving the judgment, where any change has taken place, whether by death, assignment or otherwise, in the parties entitled or liable to enforcement under the judgment; (c) where under the judgment any person is entitled to relief subject to the fulfilment of any condition which has not been fulfilled;
752 Judgments (Enforcement) No. 147 (c) in the case of a judgment for the possession of land (other than a judgment made in a mortgage action), a certificate in Form 5 specifying the persons, (if' any) so far as practicable, who are in actual possession, or, ifno person is in actual'possession, so certifying; (d) where required, a copy of the order giving leave to enforce the judgment; (e) where the application relates to a money judgment given outside Northern Ireland, the certificate or other document authorising enforcement of that judgment in Northern Ireland; if) where the applicant is a person who is not named in the judgment, such documents as may be necessary to establish the applicant's right to enforce that judgment. (3) Where the applicant is a firm, the Office or the respondent may require that the application shall have annexed thereto the names and addresses of all the partners entitled to enforce the judgment.
(4) An application under this rule may be made by posting the application duly signed together with the documents required to be lodged under this rule.
Other matters to be stated in the application
8. Where the applicant is or was an assisted person in respect of the whole ~r any part of the proceedings leading to or consequent on a judgment for the enforcement of which an application is made, the application shall be prominently endorsed "Legal Aid" and copies of the relevant L~gal Aid Certificates shall be lodged with the application.
Signing of applicqtion
9.-( 1) ,An application made by an individual shall be signed by the applicant, or his solicitor. (2) Where the applicant is a government department, a district council, a company or other corporate body, the application shall be signed by the applicant's solicitor or by a person duly authorised in that behalf.
, (3) Where the applicant is a firm, the application shall be signed by any of the partners on behalf of the firm, or by the f11'Ih's solicitor. '
(4) Tlais rule shall apply to any application which may be made under these Rules. '
Time for lodgment of application
10. Except with the leave of the Chief Enforcement Officer an application under Article 22 must be lodged or received within one calendar month from the date on which it purports to have been signed.
Priorities of applications 11.-(1) Subject to the Order and these Rules, applications under Article 22 shall take priority under Article 24 according to the date and time endorsed on each application with a stamp indicating its acceptance.
(2) Where an application has been erroneously accepted, the Master, upon the application of the Chief Enforcement Officer, may- (a) make an order dismissing that application and directing that the enforcement fee be refunded; or (b) direct that such application lose its apparent priority.
No. 147 Judgments (Enforcement) 753
Securing debtor's goods, etc. 12.-(1) When an application has been accepted, a custody warrant shall be issued and served on the debtor by the Office in accordance with directions given by the Chief Enforcement Officer. (2) The following goods shall be exempted from the operation of a custody warrant, that is to say- (a) such wearing apparel, furniture, bedding and household equipment of the debtor and his spouse as appears to the Office to be essential for the domestic purposes of the debtor, his spouse and his dependants, or any of them; (b) the tools and implements of the debtor'strade to the value of £100; (c) perishable goods; (d) goods in the ordinary course of the debtor's trade or business; and (e) goods in the hands of a receiver.
ASCERTAINMENT OF MEANS
Increase offinancial limit for preliminary application for custody warrant and report
13. £1,000 is hereby fixed, in lieu of the amount of £500 specified in Article 23(1), as the amounttha.t the outstanding balance of all moneys due and payable under the judgment must exceed before the creditor may apply for a custody warrant and report under that Article.
Application for discovery under Article 23(1)
14.-(1) An application under Article 23(1) shall be in Form 6. (2) The provisions of rules 5, 6, 7 (2), (3) and (4), 8, 9,11 and 12 shall apply to an application under this rule as they apply to an application under Article 22. (3) 'the Chief Enforcement Officer may, at his discretion, direct that the report as to the means of the respondent shall be a copy of the report of an enforcement officer or a copy of the notes t3ken upon an examination as to the means of the respondent. (4) The power to extend the time within which a creditor may apply for enforcement under Article 22 shall be vested in the Chief Enforcement Officer.
Discretion of Chief Enforcement Officer
15. Subject to these Rules, the Chief Enforcement Officer may, at his discretion, direct that a debtor be interviewed by an enforcement officer or summoned for examination under Article 27(1).
Duties of enforcement officer
16.-(1) Where the Chief Enforcement Officer directs that a debtor be interviewed as to his means, an enforcement officer shall visit the debtor and require him to ~ive detailed information as to his means. (2) The enforcement officer shall record in writing particulars elicited as to the debtor's means.
(3) The record referred to in paragraph (2) shall be certified by the enforcement officer as a true and correct record and filed in the Office.
Summons for examination as to means 17.-( 1) The Chief Enforcement Officer may issue a summons under Article 27(1) requiring the debtor to attend for examination as to his means and to produce all
No. 147 Judgments (Enforcement)
Application for warrant of arrest
- Where-
(a) it appears to the Office that a person is evading service ora summons under Article 28(1) or (2) or an order under Article 28(3); or (b) such person, without reasonable excuse, has not attended before the Office in pursuance of an order under said Article 28(3), the creditor may apply for a warrant for his arrest.
Warrant of arrest
22.-(1) Where a third party on whom an attendance order under rule 19(2) or 20(2) has been served fails without reasonable excuse to attend pursuant thereto, the creditor may apply for a warrant for his arrest. (2) An application under this rule or rule 21 may be made in writing certifying- (a) the time, place and mode of service of the attendance order; (b) the non-appearance of the third party; (c) to the creditor's knowledge and belief, there was no just excuse for the failure of the third party to attend; (d) particulars of the amount presently recoverable on foot of the judgment; (e) the amount of the viaticum tendered.
Conduct of examination as to means 23.-(1) An examination as to means under Article 27 or 28 shall, subject to paragraph (5), be conducted by an officer nominated by the Chief Enforcement Officer and such officer shall have power to administer oaths for that purpose.
(2) The examination shall be conducted in private.
(3) The creditor shall be entitled to be present and to give evidence and may, with the leave of the person conducting the examination, put any question to the debtor as to his means or to any person summoned under the said Article 28 as to the mea:p.s of the respondent, as the case may be. (4) A note of any evidence given by the debtor or other person during the examination shall be taken.
(5) The Chief Enforcement Officer may- (a) in any particular instance; or (b) with reference to any particular class of debtors; direct that the conduct of the examination be referred to the Master whether or not the examination was begun before an officer nominated under this rule.
Contempts on examination 24.-( 1) Where any person has refused without just cause to do any of the things mentioned in Article 114(1) on an examination before a nominated officer, that officer shall refer the conduct of the examination to the Master. (2) Where a reference is made under paragraph (1) of this rule, the provisions of rules 18 to 22 shall apply to such reference.
(3) Where the refusal referred to in paragraph (1) is made before a Judicial Officer, he shall certify in writing the facts and circumstances in which the refusal was made and transmit his certificate to the Master.
(4) In this rule "Master" means the Master in person.
756 Judgments (Enforcement) No. 147
PROCEDURE FOLLOWING EXAMINATION AND REPORT
Report etc. to be sent to applicant
25. A copy of the enforcement officer's report or of the notes of evidence taken on examination, as the case may be, shall be sent as soon as practicable to the applicant.
Powers of the Master
26. Subject to these Rules and to any directions given by the Lord Chancellor, the Master shall have jurisdiction to make any order or do any other thing which is authorised by the Order or these Rules.
Power of Chief Enforcement Officer to make orders etc.
27. When the Chief Enforcement Officer is satisfied that he has obtained all the relevant available information relating to the means of a respondent, whether on the completion of an examination or from the report of an enforcement officer or from both such examination and report, he may- (a) make an enforcement order against the respondent pursuant to the provisions of rule 28; (b) issue a notice of unenforceability; (c) refer the matter to the Master who without prejudice to rule 26 may- (i) make any of the enforcement orders specified in rule 28; (ii) grant a stay of enforcement; (iii) issue a notice of unenforceability; (iv) set aside, discharge or vary any enforcement order made against the respondent.
Orders which may be made by Chief Enforcement Officer 28.-(1) Subject to the provisions of this rule, the Chief Enforcement Officer may make all or any of the following orders- (a) an instalment order; (b) an order charging land; (c) an order for the delivery of possession of land; (d) an order for delivery of goods; (e) a charging order on funds, stocks or shares; if) a debenture order; (g) a stop order; (h) a restraining order; (i) an attachment of earnings order.
(2) Any order other than a stop order or an attachment of earnings order made under this rule shall, in the first place, bea provisional order, an order to show cause or a notice of intention to make an order, as the case may be, as is prescribed by these Rules. (3) If any party or person affected by an order or notice (other than an order to show cause) referred to in paragraph (2) objects in writing within the time specified in the order or notice, the Chief Enforcement Officer shall refer all further proceedings to the Master and shall list the proceedings before him on notice to the parties and other persons affected by the order.
758 Judgments (Enforcement) No. 147 Remuneration of valuers and brokers 33.;-( 1) The charges of valuers and brokers shall be such sum or sums as may constitute fair and reasonable remuneration having regard to the work done and the amount of the proceeds of sale..
(2) The charges referred to in paragraph (1) shall be agreed in the first instance with the Chief Enforcement Officer and in the event of no agreement being reached the matter shall be referred to the Master to settle the amount of such charges.
Order charging land 34.-(1) Where it appears to the Chief Enforcement Officer that the debtor has any land or an interest in land which may be charged under Article 46, he may give notice to the respondent and creditor of the intention of the Office to make an order charging that land or interest in land and informing them that unless either of them objects within 8 days from the date on which the notice was deemed to have been served under these Rules the order will be made.
(2) If either the creditor or respondent objects in writing within the period specified in paragraph (1) the Chief Enforcement Officer shall list the matter before the Master and notify the creditor and respondent of the day and time when the objection will be considered.
Order for delivery of possession of land
35.-( 1) BefoJe making an order for delivery of possession ofland under Article 53, 8 clear days' notice of the intention to make the order shall be given to- (a) the applicant and respondent; (b) all other persons in actual possession of the whole or any part of the land.
(2) If either party or any person referred to in paragraph (1)(b) gives notice in writing to the Chief Enforcement Officer that they wish to be heard, then the Office shall list the matter before the Master and give notiCe to the other persons referred to in paragraph (1) of the day and time fixed for the consideration of the matter. (3) The Office shall give to the persens referred to in paragraph (1) at least 8 days' notice of the day and time at which the making of the order will be considered by the Master.
Order for possession to be sent to respondent and others
36. As soon as an order for delivery of possession of land is made the Office shall send a copy to the respondent and to every person appearing to be in possession ofthe land or any part thereof.
Notice of eviction 37.-(1) Not less than 8 days' notice under Article 54(2) shall be given to the appropriate Health and Social Services Board by the Office before proceeding to eviction. (2) This rule shall not apply- (a) where the land or any part thereof does not comprise or consist of a dwelling; or (b) where there is no person in occupation.
Wrongful delivery of possession of land 38.-(1) Subject to this rule, an application under Article 56 for delivery of possession of land which it is claimed has been wrongfully delivered under an order .for delivery of possession may be brought by the claimant pursuant to rule 59.
No. 147 Judgments (Enforcement)^^759
(2) The Office shall seal and insert a date and time for the hearing of the application in each copy of the notice and return three copies to the claimant.
(3) The notice and the certificate of facts shall be served at least 14 clear days before the day named therein for the hearing. (4) The claimant shall serve a copy of the notice and of the certificate personally on the applicant and· on any other person in possession of the land or any part thereof.
Order for delivery of goods 39.---'( 1) Where an application for the enforcement of a judgment forthe specific delivery of goods to the applicant is accepted, the Chief Enforcement Officer shall make a provisional order for the delivery to the plaintiff of the goods specified in the judgment..
(2) Unless the respondent, within 8 days, gives notice in writing that he objects to the provisional order becoming operative the order shall be e~ecuted after the. expiration of 8 days from the date on which the provisional order is deemed to have been served in accordance with the provisions of these Rules.
(3) Where the effect of the judgment is to give the plaintiff the option to require specific delivery of the goods or the payment of a sum of money equivalent to their value the Chief Enforcement Officer shall refer the application to the Master. (4) Upon a reference under paragraph (3) the Master may give such directions as may be necessary for the just disposal of the matter.
Order charging securities 40.-(1) Where it appears to the Office that the respondent has a beneficial interest in any funds, stocks or sharer> which may be charged under Article 58, an order charging such funds, stocks or shares may be made. (2) Any such order shall in the first instance be an order to show cause specifying the day and time for further consideration of th!,?, matter and imposing the charge until that time in any event upon service of the order..
(3) On the further consideration of the matter the order may be made absolute with or without modification or may be discharged.
Order vesting certain funds, stocks etc.
41. Upon the making of a vesting order under Article 60, the Chief Enforcement Officer shall sell or dispose of or realise the funds, stocks or shares through a reputable stockbroker or other reputable agent and shall account for the proceeds thereof when so required by law.
Debenture order 42.-(1) Where it appears to the Office that the respondent has a beneficial interest in any debenture or mortgage which may be made the subject of a debenture order under Article 61, a notice shall be sent by the Office to the debtor, the creditor and the secretary or clerk of the district council, public undertaking, public or private company concerned specifying the day and time at which any objection to the making of the order will be heard.
(2) The receipt of the notice shall operate so as to restrain the person on whom it is served from dealing with the debenture or mortgage until 8 days after the time appointed for hearing of any objections under paragraph (1).
No. 147 (^) Judgments (Enforcement) 761
Provisional order etc. '49.-(1) At any time after the receipt of an application under rule 48, the Chief Enforcement Officer may make a provisional order under rule 27 and shall serve such , order on the debtor together with a notice in Form 8. '
(2) If the debtor fails within 8 days from the date on which service of the said notice is deemed to have been effected in accordance with these Rules, to file in the OffiGe tl:le reply provided at the end of the said notice the order shall become operative. "
(3) lithe debtor files the said reply within said period of 8 days the Office shall refer the matter to the Master and if the Master so directs" shall give at least 8 days' notice of sucl:l hearing to the creditor and debtor.
Notice·to employer-' 50~ Without prejudice to the powers conferred by Article 77 the Chief Enforcement Officer may, at any stage of the proceedings, send to any person appearing to have the debtor in his, employment a notice requesting him to give to the Office within such period as may be specified in the notice a statement of the debtor's earnings and anticipated earnings with such particulars as may be so specified.
Hearing o/application for attachment of earnings order 51.-(1) Unless the Master otherwise orders evidence in support of or in opposition to the application may be givt::n by affidavit.
(2) Subject to any direction of the Master, ifthe·creditor does not appear at the hearing of the application but- ' (a) the Office has received from him an affidavit which is admissible under paragraph (1); or (b) the creditor requests the Office in writing to proceed in his absence, the Master may proceed to hear the application and to make an order thereon.
Application to determine whether particular payments are earnings
52. An application to the Office under Article 79 to determine whether payments to the debtor of a particular ,class or description are earnings for the purpose of an attachment of earnings order may be made to the Office in writing and the Office shall thereupon fix a day and time for the hearing of the application by the Master and give notice thereof to the, employer, the debtor and the creditor.
Attachment of earnings order ' 53 • ..::-.(1} A~ attachment of earnings order shall contain the following particulars to enable the employer to identify the debtor- (a) the debtor,'s full name and address; (b) the capaCity in which he is employed; (c) the debtor's works number (if kriown); (d) the debt?r's National Insurance Number (if known). (2) A copy of Schedule 1 to the Order shall be served with, or 'annexed to, the attachment of earnings order.
Variation and discharge of attachment of earnings .order by 'Office of its own motion 54.-(1) Subject to rule 68(5), the powers conferred by Article 13(g) may be exercised by' the Office Qf its own motion in relation to an attachment of earnings order in the circumstances mentioned in this rule. '
762 Judgments (Enforcement)^ No.^^147
(2) Where it appears to the Office that a person served with an attachment of earnings order directed to him has not the debtor in his employment, the Office may discharge the order.
(3) Where an attachment of earnings order which has iapsed under Article 76(6). is again directed to a person who appears to the Office to have the debtor in his employment, the Office may make such consequential variation in the order as it thinks fit. (4) Where, after making an attachment of earnings order the Office makes or is notified of the making of another such order in respect of the same debtor which is not to secure the payment of a judgment debt, the Office may discharge or vary the first-mentioned order paying regard to the priority accorded to the other order by paragraphs 10 and 11 of Part II of Schedule 1 to the Order.
(5) Where an attachment of earnings order has been suspended on the terms that the debtor pays the amount payable thereunder into the Office and the debtor defaults the attachment of earnings order shall issue forthwith.
Exercise of power to obtain statement of earnings
- A direction under Article 77 shall be endorsed on or incorporated with a notice requiring a statement of earnings to be furnished and warning the person to whom it is directed of the consequences of disobedience to the order.
Application to revive an attachment of earnings order
56.-(1) A creditor may apply under Article 76(6) to revive an attachment of earnings order as if it were an application for such an order under rule 49. (2) A copy of the order for the revival of which the application is made shall be lodged with the application.
(3) Upon making an order under this Rule, the original attachment of earnings order may be varied as the Office may think fit..
Application under the Crown Proceedings Act 1947(a)
57.-(1) No order for the attachment of debts under Article 69 or for the appointment of a receiver under Article 67 shall be made or have effect in respect of any money due or accruing or alleged to be due or accruing from the Crown except in accordance with the provisions of this rule. (2) Where it is alleged ~hat such order could have been obtained and would have had effect in respect of such money if it had been due or accruing from a subject, the Master may, on the application in writing of the creditor in Form 9, make an order restraining the respondent from receiving such money and directing payment by the Crown to the creditor or to a rC?ceiver appointed for that purpose. (3) No order shall be made in respect of~ (a) money which is subject to the provisions of any enactment prohibiting or restricting assigning or charging or taking in course of enforcement; or (b) money payable by the Crown to any person on account of a deposit in the Post Office ..
(4) Notice of an application under this rule shall be served on the Crown and on the respondent.
(a) 194T c. 44 as extended by S.I. 19811233
764 Judgments (Enforcement) No. 147
(2) The provisions of paragraphs (3), (4), (5) and (6) of rule 58 shall apply to an application under this rule as they apply-to an application under that rule.
(3) This rule shall not apply to an application for a stay of enforcement.
Application by third parties
60.-(1) Any person other than the parties to the enforcement proceedings affected by any order made by the Office may make an application in Form 10 to the Master for any order, declaration or other relief tO,which he may be entitled under the Order or these Rules. '
. (2) The application shall state concisely the order, deCIaration or relief for which application is made and shall be supported by a certificate of facts.
(3) The application and the certificate of facts shall be lodged in duplicate in the Office either in person, or by an agep,t, or sent by post, for the purpose of having a date and time inserted for the hearing, and the' Office shall ,return one copy of the application to the applicant. '
(4) A copy of the application and the certificate of facts shall be served on the' applicant, the respondent and any other person whose interests or rights may be affected by the application.
(5) Exc~pt where otherwise provided by these Rules there shall be at least 8 clear days between the date on which service of the application on the person specified ip. , paragraph (4) is deemed to have been effected in, accordance with these Rules and the day specified for the hearing.
Procedure in absence -of party
61.-(1) Subject to paragraph(2), where any party to a notice or summons fails to attend at the first or any adjourned hearing, the Master,may proceed in his absence if having regard to the nature of the application and to all other circumstances he thinks it expedient so to do.
'(2) Before proc~eding in the 'absence of any party the Master shall require to 'be
satisfied that that party had notice "Of the hearing.
(3) Where the Master has proceeded in the absence of a party and any order made has not been perfected or the application has been dismissed because the applicant failed to appear, he may re-hear the application or allow the matter to be restored to the list, ~s the case may be. '
Form of qpplication 62.-(1) An application by the applicant or the'respondent, other than an application under Micle 22,23(1) or 73(1); may be in the ,form of a letter and shall concisely state the 'order or other relief sought and the grounds upon which it is sought. ' '
" (2) The Master, before proceeding with an application under this rule; may, require the applicant to lodge a certificate of facts.
Time for service of application 63.-(1) Except where otherwise provided by these Rules and subject to the provisions of this. rule, notice of an application may be served at any time at least 8 days prior to the time when service, of the notice is d~emed, to be effected in accordance with these Rules. (2) Unless' otherwise provided by these Rules, service of a copy of the application shall be sufficient notice for the purpose of this rule.
. No. 147 Judgments (Enforcement) 765
(3) Notice of application for the extension or abridgement of time may be served on the day before the day specified in the notice for the hearing of the application.
Extension etc. of time 64.-( 1) The Master may, on such terms as he thinks just, exte~d or abridge the period within which a person is required or Iluthorised by these Rules or by any order or direction to do or perform any .act in any proceedings in the.. Office.
(2) The Master may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that
. period..
Adjournments
65. Where the.Master adjourns the hearing or consideration of any proceedings he shall at the request of any party cause an order of adjournment to be drawn up and such order shall state the reasons for the adjournment.
Date from which order etc. takes effect
66. Any order or direction made or given by the Office shall be dated as of the day on whi~h it is made or given unless the Master orders tbat it be dated as of some other later date..· ...
Amendment of orders etc. 67.-( 1) Clerical mistakes in orders or other documents or errors arising therein from any accidental slip or omission may at any time be corrected by the Master.
(2) Where a document is corrected under this rule, the.Office shall notify any person on whom the document was served or to whom it was sent, of the coqection.
(3) Where under the Order or these Rules; any order or other document is required· to be served personally and it is for any reason impracticable to serve it within the time required by these Rules, the Chief Enforcement Officer may (whether or not an order for substituted service is made) direct that the date named in such order or other documenf on which any person is required to attend for examination, or to show cause or object, shall be amended so as to allow additional time' for the service of the order or other document.
Setting aside, discharging or. varying enforcement orders etc. ·68.-(1) .When the ~mount recoverable on foot of a money judgment is paid or. satisfied, every enforcement order made in respect of that judgment shall stand discharged.
(2) Except as otherwise provided by the Order, ~here an order for possession of
land or for delivery of goods has been successfully executed, no further proceedings may be taken on foot thereof except for the recovery of the costs and expenses of enforcement.
(3) Where the Office has incurred expenses in relation to an order made by it for the possession of land or for the delivery of goods and the applicant requests the Office to withdraw, the applicant shall be liable for any expenses incurred by the Office which relate solely to the execution of the order.
(4) Where the applicant withdraws his .application for enforcement or the application is dismissed, every enforcement order made on foot of the application shall stand discharged.
