How does the modern HCEO differ from the old Sheriff?
by David Carter on 26 January 2011
At The Sheriffs Office, our solicitor clients frequently ask us how High Court Enforcement Officers differ from the old Sheriffs system that was replaced by the Courts Act 2003, which came into force on 1st April 2004.
The key changes were to geographical boundaries and titles.
Geographical changes – the removal of bailiwicks
Prior to the Courts Act 2003, each Sheriff had their own geographical boundary within which they worked, called a bailiwick. There was therefore no competition and no one providing a nationwide service. This bailiwick was essentially their county.
When the role of Sheriff was replaced by the new High Court Enforcement Officer (HCEO) under the Courts Act 2003, the bailiwick boundaries were removed and each newly authorised HCEO was permitted to work nationwide within England and Wales.
The Under Sheriff, Sheriffs Officer and the HCEO
Prior to the Courts Act 2003, the Under Sheriff, usually a solicitor, would be issued with writs to be enforced in his bailiwick. He would ensure their correctness and then allocate these to his Sheriffs Officers to enforce accordingly.
Since the changes, writs are now issued to an HCEO. Again the HCEO will check the writ and lodge it onto the National Information Centre for Enforcement commonly known as ‘NICE Sheriffs’. This is a register of High Court Writs and is managed by the Registry Trust. Once lodged, this will then confirm the priority of a writ if issued against the same defendant. The HCEO will then allocate that matter to his Enforcement Officers for enforcement.
Competition and service
These changes introduced competition into the industry, driving HCEO firms to provide better service to their clients who now have more choice about who to use. Some firms still work locally; others, like The Sheriffs Office, provide a full nationwide service.
In terms of quality of service, the new role of HCEO brought with it new regulations, updated standards of conduct and a new professional association, the High Court Enforcement Officers Association (HCEOA).
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
