HC Deb 30 November 1911 vol 32 cc759-61

(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 the protection conferred by this Section shall not extend 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 proceeding, 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 shall be liable on summary conviction to a fine not exceeding fifty pounds.

Amendments made: In Sub-section (1), after the word "life" insert the words "and such certificate has been sent to the local health committee, and has been recorded in manner hereinafter provided."

Leave out the words, "any such order shall not be subject to appeal," and insert instead thereof the words "no appeal shall lie against any such order or a refusal to make any such order."

In Sub-section (2) after the word "certificate" ["grant of the original certificate"] insert the words, "but no such renewal shall have effect unless sent to the local health committee and recorded as aforesaid."

At the end, insert the words "whose decision shall be final and not subject to appeal."

At the end of the Clause insert the following new Sub-sections,

(4) A certificate or renewal thereof granted under this Section shall forthwith be sent to the local health committee, and the Committee shall, unless it has reason to suspect its genuineness, record it in a special register without fee, and such register shall at all reasonable times be open to inspection; and where so recorded its genuineness shall not be questioned in any proceedings against a sheriff or other officer for failure to levy any distress or execute any warrant.

(5) Where the time within which a warrant may be executed is limited any period during which the warrant cannot be executed by reason of the provisions of this Section shall be disregarded in computing the time within which the warrant may be executed.—[Mr. Lloyd George.]