HC Deb 09 November 1911 vol 30 cc1937-9

(1) It shall not be lawful during any period when an insured person is in receipt of sickness benefit, or during the fourteen days immediately following that period, for any person to levy any dsitress or execution upon any goods or chattels belonging to such insured person and being on premises occupied by him, or to take any proceedings in ejectment or for the recovery of any rent or to enforce any judgment in ejectment against such insured person; and any person levying or attempting to levy any such distress or execution or enforcing or attempting to enforce any such judgment, shall be liable on summary conviction to a fine not exceeding fifty pounds.

(2) It shall be lawful for the judge of the county court upon an application made on behalf of the insured person ex parte for that purpose, from time to time to extend the period during which the provisions of the last preceding subsection are to be applicable, upon being satisfied that the levying of any such distress or execution or the taking of any such proceedings or the enforcement of any such judgment would endanger the life of the insured person, and any order granting such extension shall not be subject to appeal:

Provided that such period shall not be extended for more than twelve months from the date when the right to levy the distress or execution or to take the proceedings or enforce the judgment arose, unless proper security be given for payment of the rent thereafter to become due from the insured person, or the amount of the judgment debt, as the case may be.

Mr. LLOYD GEORGE had given notice of an Amendment, in Sub-section (1), to leave out,

(1) It shall not be lawful during any period when an insured person is in receipt of sickness benefit, or during the fourteen days immediately following that period, for any person to levy any distress or execution upon any goods or chattels belonging to such insured person and being on premises occupied by him, or to take any proceedings in ejectment or for the recovery of any rent or to enforce any judgment in ejectment against such insured person; and any person levying or attempting to levy any such distress or execution or enforcing or attempting to enforce any such judgment,

And to insert instead thereof,

(1) Where the medical practitioner attending on any insured person in receipt of sickness benefit certifies that the levying of any distress or execution upon any goods or chattels belonging to such insured person and being on premises occupied by him, or the taking of any proceedings in ejectment or for the recovery of any rent or to enforce any judgment in ejectment against such person, would endanger his life, it shall not be lawful during any period named in the certificate for any person to levy any such distress or execution or to take any such proceedings or to enforce any such judgment against the insured person.

Provided that, if any person desirous of levying such distress or execution or taking such proceedings or enforcing such judgment disputes the accuracy of the certificate, he may apply to the registrar of the county court, who, if he is of opinion that the certificate should be cancelled or modified may make an order cancelling or modifying it, and any such order shall not be subject to appeal.

(2) A certificate granted for the purpose of this section shall continue in force for one week or such less period as may be named in the certificate, but may be renewed from time to time for any period not exceeding one week, up to but not beyond the expiration of three months from the date of the grant of the original certificate.

Provided that a certificate shall not be renewed beyond the expiration of one month from such date if on demand being made by the person desirous of levying such distress or execution, or taking such proceedings, or enforcing such judgment proper security is not given for payment of rent thereafter to become due from the insured person or the amount of the judgment debt, as the case may be, and any dispute as to the sufficiency of the security shall be determined by the registrar of the county court.

(3) If any person knowingly levies or at tempts to levy any such distress or execution or takes any such proceedings or enforces or attempts to enforce any such judgment in contravention of this section, he

The CHAIRMAN

This suggested Amendment constitutes a new Clause. Therefore at this stage the Clause in the Bill ought to be negatived, and a new Clause proposed hereafter.

Question, "That the Clause stand part of the Bill," put, and negatived.