Enforcement of Road Traffic Debts Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/2073 |
| Year | 1993 |
1993No. 2073
COUNTY COURTS
The Enforcement of Road Traffic Debts Order 1993
30thJuly1993
18thAugust1993
1stSeptember1993
The Lord Chancellor, in exercise of the powers conferred on him by section 78 of the Road Traffic Act 1991( a), hereby makes the following Order:-
Citation, commencement and interpretation
1.-(1) This Order may be cited as the Enforcement of Road Traffic Debts Order 1993 and shall come into force on 1st September 1993.
(2) In this Order-
"the authority" means the London authority to whom the debt is payable;
"enforcement officer" means a bailiff certificated in accordance with the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993( b);
"execution fees" mean the fees and expenses payable with respect to executions by enforcement officers provided under the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993;
"respondent" means the person by whom the specified debt is payable;
"specified debts" are the Part II debts specified in article 2(1);
"the Act" means the Road Traffic Act 1991.
Specified debts
2.-(1) The following sums shall be specified as Part II debts-
(a) an increased charge provided for in a charge certificate issued under paragraph 6 of Schedule 6 to the Act,(b) a sum to be paid by a person (other than an authority) under an adjudication of a parking adjudicator pursuant to section 73 of the Act.(a) 1991 c.40.
(b) S.I. 1993/2072(L.17).
(2) A warrant of execution in respect of a specified debt may be executed by an enforcement officer.
Requirements to be satisfied before taking enforcement proceedings
3.-(1) No warrant of execution to enforce payment of a specified debt such as is mentioned in article 2(1)(a) shall be issued until the time for serving a statutory declaration has expired.
(2) In paragraph (1) "the time for serving a statutory declaration" means the period of 21 days allowed by paragraph 8(1) of Schedule 6 to the Act or, where a longer period has been allowed pursuant to paragraph 8(4) of the said Schedule, that period.
(3) No enforcement proceedings may be taken in respect of a specified debt unless either
(a) execution has been attempted and there is no relevant return to the warrant; or(b) the authority has reason to believe that execution against goods will fail to satisfy the specified debt and the costs of execution.(4) The requirements of paragraph (3) shall not be regarded as satisfied where execution has been attempted but the respondent has ceased to occupy the premises at which such an attempt was made.
(5) For the purposes of this article-
"enforcement proceedings" includes any proceedings for examining a respondent but does not include execution against goods;
"no relevant...
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