Rule 25 Amendment of Part 75

(1)

In the table of contents to this Part—

(a)

in the entry for rule 75.3, after “Request” insert “for registration”;

(b)

in the entry for rule 75.9, for “Transfer” substitute “Applications”; and

(c)

omit the entries for rules 75.10 and 75.11.

(2)

In rule 75.1(2)—

(a)

in sub-paragraph (b)—

(i)

in paragraph (i), for “seize” substitute “take control of”; and

(ii)

in paragraph (ii), for “execution” substitute “enforcement”; and

(b)

after sub-paragraph (b) insert—

“(ba)

‘notice of enforcement’ has the meaning given in regulation 2 of the Taking Control of Goods Regulations 2013^f1;

(bb)

‘order for recovery' means an order drawn up by the authority under rule 75.3(4) on receipt from the court of the registered request under rule 75.3(3);”.

(3)

In rule 75.3—

(a)

in the heading to the rule, after “Request” insert “for registration”;

(b)

in paragraph (4), after “order”, in each place it appears, insert “for recovery”; and

(c)

in paragraph (5), after “order” insert “for recovery”.

(4)

In rule 75.5A—

(a)

in paragraph (3)—

(i)

in the opening words, for “Unless” substitute “Subject to paragraph (4), unless”;

(ii)

in sub-paragraphs (a) and (b), for “an oral”, in both places it appears, substitute “a”; and

(iii)

in the full-out—

(aa)

for “(2) will be dealt with” substitute “(1) shall be determined”;and

(bb)

for “an oral” substitute “a”; and

(b)

after paragraph (3) insert—

“(4)

Where a court officer has made an order on an application for a longer period to file a statutory declaration or witness statement, a request for a review under paragraph (1) shall be determined without a hearing unless the court otherwise directs.”.

(5)

In rule 75.7—

(a)

in paragraph (1)(a) and (b), after “order”, in both places it appears, insert “for recovery”;

(b)

for paragraphs (7) to (10) substitute—

“(5)

Where the address of the respondent has changed since the issue of the warrant, the warrant shall remain valid if a new notice of enforcement (as required by regulation 7 of the Taking Control of Goods Regulations 2013) is given to the respondent.

(6)

Where paragraph (5) applies, the warrant remains valid only for the remainder of the 12 month period beginning with the date it was originally issued.

(7)

Where an authority’s warrant of control has been issued in accordance with this rule, any application made under rule 84.5 must be made to the Centre and will be determined by a District Judge.”.

(6)

In rule 75.8—

(a)

in the opening words, after “an order” insert “for recovery”;

(b)

in sub-paragraph (b), for “execution issued on” substitute “warrant of control issued pursuant to”; and

(c)

in sub-paragraph (c), for “levy execution” substitute “exercise the enforcement power”.

(7)

For rules 75.9 to 75.11 substitute—

“Applications for enforcement

75.9.

(1)

Where an authority applies for any of the following orders, it must send to the Centre a separate application for each order sought—

(a)

a charging order;

(b)

an attachment of earnings order;

(c)

an order to obtain information;

(d)

a third party debt order.

(2)

An application under paragraph (1) may combine different orders for recovery made against the same respondent under rule 75.3(4).

(“Order for recovery” is defined in rule 75.1(2)(bb).)

(3)

In respect of each order for recovery to which an application under paragraph (1) relates, the authority must—

(a)

where it has not attempted to enforce the order for recovery by taking control of goods, state the reason why no such attempt was made;

(b)

certify that there has been no relevant return of the warrant of control;

(c)

specify the date on which the order for recovery was served on the respondent; and

(d)

certify that the period required before making the application has expired.

(4)

Where an application under paragraph (1) relates to more than one order for recovery, the information required by paragraph (3) must be provided in the form specified in Practice Direction 75.

(5)

Before an application under paragraph (1) is issued, the Centre shall send—

(a)

any application for a charging order or an attachment of earnings order to the Civil National Business Centre; and

(b)

any application for an order to obtain information or a third party debt order to the appropriate County Court hearing centre,

together with any material relating to the application.”.

Annotations

Footnotes

f1: S.I. 2013/1894.