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Judgments Enforcement (Northern Ireland) Order 1981

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Custody of goodsN.I.

Taking custody of goods under a money judgmentN.I.

25.—(1) A custody warrant shall be issued by the Office forthwith after an application has been duly made—

(a)under Article 22 for the enforcement of a money judgment, where no custody warrant is in force under Article 23 in respect of the same judgment against the same debtor;

(b)under Article 23(1);

and the Office shall cause the warrant to be served on the debtor.

(2) On the service of a custody warrant, all goods (save as may be specified in the warrant or exempted by rules)—

(a)upon all premises occupied by the debtor;

(b)in any other place, being goods under the sole control of the debtor or under the joint control of the debtor and his spouse[F1 or civil partner] or any of his dependants;

shall, as from the service of the warrant, be deemed to be in the custody and possession of the Office.

(3) Without prejudice to paragraph (2), when an enforcement officer serves a custody warrant on a debtor he may—

(a)serve also a list of specific goods which are liable to be seized under an order of seizure; and

(b)label or otherwise identify those goods as a safeguard against their disposal.

(4) Upon payment by or on behalf of the debtor of the amount recoverable on foot of the judgment or in discharge of the custody warrant, the custody and possession of the goods of the debtor by the Office pursuant to the warrant shall terminate.

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