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Rule 83.11 Writs relating to ecclesiastical propertyF1

(1)

In this rule, “a writ relating to ecclesiastical property” means—

(a)

a writ of fieri facias de bonis ecclesiasticis; or

(b)

a writ of sequestrari de bonis ecclesiasticis.

(2)

This rule applies where it appears upon the return of any writ of control that the person against whom the writ was issued—

(a)

has no goods or chattels in the district of the relevant enforcement officer; but

(b)

is the incumbent of a benefice named in the return.

(3)

After the writ and return have been filed, the party by whom the writ of control was issued may issue a writ relating to ecclesiastical property.

(4)

Any such writ must be directed and delivered to the bishop of the diocese within which that benefice is, to be executed by that bishop.

(5)

The only fees allowed to the bishop or diocesan officer for the execution of the writ are those authorised by or under any enactment, including any measure of the General Synod.

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)

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)