Rule 75.1 Scope and interpretationF1

(1)

F2Practice Direction 75—

(a)

sets out the proceedings to which this Part applies; and

(b)

may apply this Part with modifications in relation to any particular category of those proceedings.

F3(F4Rule 21.1(1)(c)(i) provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)

(2)

In this Part—

(a)

“the Centre” means the Traffic Enforcement Centre established under the direction of the Lord Chancellor;

(F5a1)

“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;

(a2)

“local authority warrant of control” means a warrant of control issued by a local authority under article 5 of the 1993 Order;

(b)

“no relevant return to the warrant” means that—

(i)

the F6enforcement agent has been unable to F7take control of goods because F8the enforcement agent has been denied access to premises occupied by the defendant or because the goods have been removed from those premises;

(ii)

any goods seized under a F9local authority warrant of control are insufficient to satisfy the debt and the cost of F10enforcement; or

(iii)

the goods are insufficient to cover the cost of their removal and sale F11;

(F12ba)

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

(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);

(c)

“the 1993 Order” means the Enforcement of Road Traffic Debts Order 1993;

(d)

“relevant period”, in relation to any particular case, means—

(i)

the period allowed for serving a statutory declaration F13or witness statement under any enactment which applies to that case; or

(ii)

where an enactment permits the court to extend that period, the period as extended;

(e)

“specified debts” means the debts specified in article 2 of the 1993 Order or treated as so specified by any other enactment; and

(f)

“the authority”, “notice of the amount due”, “order” and “the respondent” have the meaning given by F14Practice Direction 75.

Annotations

Textual amendments

F1: Pt. 75 inserted (1.10.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(a), Sch. 9
F2: Words in rule 75.1(1) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 49(a)
F3: Words in rule 75.1(1) inserted (31.3.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(a), 9(a)(ii)
F4: Words in rule 75.1(1) substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(b)(i) (with rule 41)
F5: Rule 75.1(2)(a1)(a2) inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(b)(ii) (with rule 41)
F6: Words in rule 75.1(2)(b)(i) substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(b)(iii)(aa) (with rule 41)
F7: Words in rule 75.1(2)(b)(i) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(2)(a)(i)
F8: Word in rule 75.1(2)(b)(i) substituted (31.3.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(a), 9(a)(iii)
F9: Words in rule 75.1(2)(b)(ii) substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(b)(iii)(bb) (with rule 41)
F10: Word in rule 75.1(2)(b)(ii) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(2)(a)(ii)
F11: Rule 75.1(2)(b)(iii): semicolon substituted for full stop (31.3.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(a), 9(a)(iv)
F12: Rule 75.1(2)(ba)(bb) inserted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(2)(b)
F13: Words in rule 75.1(2)(d)(i) inserted (31.3.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(a), 9(a)(v)
F14: Words in rule 75.1(2)(f) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 49(b)

Notes on Part 75

Textual amendments

F2: Words in Pt. 75 Table of Contents inserted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(1)(a)
F3: Words in Pt. 75 Table of Contents inserted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 13(a)
F4: Words in Pt. 75 Table of Contents substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(a) (with rule 41)
F5: Word in Pt. 75 Table of Contents substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(1)(b)
F6: Words in Pt. 75 Table of Contents omitted (1.10.2026) by virtue of The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(1)(c)