123Rules etc. with respect to execution of enforcement warrant

123 Rules etc. with respect to execution of enforcement warrant (1) Subject to this Act and the **Magistrates' Court Act 1989**— (a) the rules, practice and procedure which apply to or are adopted by the sheriff in the execution of a warrant to seize property issued by the Magistrates' Court in enforcement of an order made by the Magistrates' Court in a civil proceeding under the **Magistrates' Court Act 1989** for the payment of money apply (with any necessary modification) to the execution of an enforcement warrant in accordance with section 109(1)(b); and (b) subject to the power in the enforcement warrant referred to in section 109(2)(a), the interests of any persons in any property seized under an enforcement warrant must be dealt with in the same manner as they would be if the property had been seized under a warrant to seize property issued by the Magistrates' Court in enforcement of an order made by the Magistrates' Court in a civil proceeding for the payment of money under the **Magistrates' Court Act 1989**. (2) Despite anything to the contrary in section 42 of the **Supreme Court Act 1986**, the person executing in accordance with section 109(1)(b) any enforcement warrant in respect of which the period referred to in section 120(1) has expired may, with the signed written consent of the fine defaulter against whom the enforcement warrant is issued, seize or take in the execution of the warrant personal property— (a) that is used by that fine defaulter primarily as a means of transport; and (b) that could not, but for this subsection, be seized or taken because of section 42 of the **Supreme Court Act 1986**. (3) A consent given by a fine defaulter under subsection (2) is only effective if— (a) it is given after the delivery to the fine defaulter by a person authorised to execute the enforcement warrant of a written statement containing the prescribed details and setting out the effect of giving the consent; and (b) a copy of the signed written consent has been delivered to the person giving the consent. (4) If personal property referred to in subsection (2) is seized or taken in execution of any enforcement warrant in accordance with that subsection— (a) the proceeds of sale of the property must be applied towards the amounts specified in the enforcement warrant together with all lawful costs of execution; and (b) any amount remaining after those amounts and costs have been paid— (i) must be applied to satisfy any other unexecuted enforcement warrant issued against that fine defaulter irrespective of when it was issued; and (ii) any amount then remaining must be paid to the fine defaulter against whom the enforcement warrant was issued.