Magistrates' Court Act 1989
111Enforcement of orders
Start here
Get a plain-English read of 111
Turn the raw legal text into a practical explanation grounded in Magistrates' Court Act 1989.
111 Enforcement of orders
(1) An order made by the Court in a civil proceeding for the payment of money may, subject to and in accordance with the Rules, be enforced by one or more of the following means:
(a) A warrant to seize property;
(b) An attachment of earnings order;
(c) An attachment of debts order.
(2) A warrant to seize property may be directed to—
(a) the sheriff; or
S. 111(2)(b) amended by No. 37/2014 s. 10(Sch. item 101.9(a)(i)).
(b) a named police officer; or
S. 111(2)(c) amended by No. 37/2014 s. 10(Sch. item 101.9(a)(ii)).
(c) generally all police officers.
(3) A warrant to seize property directs and authorises the person to whom it is directed—
(a) to seize the personal property of the person named or described in the warrant; and
(b) if the sums named in the warrant together with all lawful costs of execution are not paid, to sell the personal property seized.
(4) A warrant to seize property directed to the sheriff may, if the sheriff so directs, be executed by—
(a) a named person who is a bailiff for the purposes of the Supreme Court Act 1986; or
(b) generally all persons who are bailiffs for the purposes of the Supreme Court Act 1986; or
S. 111(4)(c) amended by No. 37/2014 s. 10(Sch. item 101.9(b)(i)).
(c) a named police officer; or
S. 111(4)(d) amended by No. 37/2014 s. 10(Sch. item 101.9(b)(ii)).
(d) generally all police officers.
(5) A direction may be given by the sheriff under subsection (4) by—
(a) endorsing the execution copy of the warrant with the direction; or
(b) issuing a warrant to the same effect as the warrant to seize property but directed in accordance with subsection (4).
(6) A warrant endorsed or issued by the sheriff in accordance with subsection (5) directs and authorises the person to whom it is directed to do all things that he or she would have been directed and authorised to do by the original warrant if it had been directed to him or her.
S. 111(7) amended by No. 37/2014 s. 10(Sch. item 101.9(c)).
(7) A warrant to seize property directed to a named bailiff or police officer may be executed by any bailiff or police officer, as the case requires.
S. 111(7A) inserted by No. 33/1994 s. 15.
(7A) The person executing a warrant to seize property may serve on—
(a) the person against whom the warrant is issued and whose personal property is seized under the warrant; or