§ Mr. Gareth WardellTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will place in the Library a copy of the guidelines that are issued to bailiffs and court officers when dealing with cases where a debtor is an in-patient at a mental illness hospital.
Mr. John M. TaylorWhen a bailiff learns that a debtor is a patient at a mental illness hospital he refers the matter to his manager so that guidance can be sought from the district judge as to what action, if any, should be taken. No written guidelines have been issued about either the service of documents or enforcing warrants in such circumstances. The existing procedure for service is set out in order 10 rule 4 of the County Court Rules 1981, which provides that, in the case of a mental patient, documents should be served on the person (if any) who is authorised under part VII of the Mental Health Act 1983 to conduct proceedings on the patient's behalf. If there is no such person authorised, documents should be served on the person with whom the patient resides or in whose care the patient is.