Rule 83.1 Scope and interpretationF1
This Part contains general rules about writs and warrants as follows—
Section II relates to writs and warrants;
Section III relates to writs only; and
Section IV relates to warrants only.
In this Part—
“the Act” means the Tribunals, Courts and Enforcement Act 2007;
“the creditor” means a person who has obtained or who is entitled to enforce a judgment or order;
“the debtor” means a person against whom a judgment or order was given or made;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;
“enforcement officer” means an individual who is authorised to act as an enforcement officer under Schedule 7 to the Courts Act 2003;
“relevant enforcement officer” means—
in relation to a writ of execution or a writ of control which is directed to a single enforcement officer, that officer; and
in relation to a writ of execution or writ of control which is directed to two or more enforcement officers, the officer to whom the writ is allocated;
“Schedule 12” means Schedule 12 to the Act;
“TCG procedure” means the procedure in Schedule 12 to take control of goods and sell them to recover a sum in accordance with that Schedule and regulations made under it;
“TCG Regulations” means the Taking Control of Goods Regulations 2013;
“warrant of control” is to be construed in accordance with section 62(4) of the Act;
“writ of control” is to be construed in accordance with section 62(4) of the Act;
“writ of execution” includes—
a writ of possession;
a writ of delivery;
a writ of sequestration;
a writ of fieri facias de bonis ecclesiasticis,
and any further writ in aid of any such writs, but does not include a writ of control.
This Part does not apply where an application is made seeking confiscation of assets as a punishment for contempt of court. Any such application must be made under Part 81 and not under this Part.
Annotations
Textual amendments
- F1
Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)
- F2
Rule 83.1(3) inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(2) (with rule 2)
Notes on Part 83
Textual amendments
- F2
Words in Pt. 83 Table of Contents omitted (6.4.2021) by virtue of The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(a) (with rule 2)
- F3
Words in Pt. 83 Table of Contents inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(b) (with rule 2)
- F4
Words in Pt. 83 Table of Contents substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(c) (with rule 2)
Modifications
- C1
Pt. 83 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(e), 24.6(1)