OpenLegislation

Rule 75.7 Local authority warrant of controlF1F6

(1)

An authority seeking the issue of a F2local authority warrant of control must file a request—

(a)

certifying the amount remaining due under the order F3for recovery;

(b)

specifying the date of service of the order F4for recovery on the respondent; and

(c)

certifying that the relevant period has elapsed.

(2)

The court will seal the request and return it to the authority.

(3)

Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

(4)

No payment under a warrant will be made to the court.

(F55)

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.

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 75.7(1) substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(f)(i) (with rule 41)

F3

Words in rule 75.7(1)(a) inserted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(5)(a)

F4

Words in rule 75.7(1)(b) inserted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(5)(a)

F5

Rule 75.7(5)-(7) substituted for rule 75.7(7)-(10) (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(5)(b)

F6

Words in rule 75.7 heading substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(f)(i) (with rule 41)

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)