The Enforcement of Road Traffic Debts Order 1993

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 return to the warrant” means that

  (i)

  the bailiff has been unable to seize goods because he has been denied access to the premises occupied by the respondent or because the goods have been removed from those premises;

  (ii)

  any goods seized under the warrant of execution are insufficient to satisfy the specified debt and the costs of execution; or

  (iii)

  the goods are insufficient to cover the cost of their removal and sale.