Rule 83.4 Writs and warrants conferring a power to use the TCG procedure – duration and priorityF1
This rule applies to—
a writ of control;
a warrant of control; and
any other writ or warrant that confers power to use the TCG procedure.
A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”, “relevant writ” or “relevant warrant” as appropriate.
A relevant writ or warrant will be valid for the period in which an enforcement agent may take control of the goods in question, as specified in regulation 9(1) of the TCG Regulations.
If a period in which to take control of goods is extended by the court under regulation 9(3) of the TCG Regulations, the validity of the relevant writ or warrant will be extended for the same period.
(Rule 84.5 contains provisions about applications to the court requesting a time extension.)
Irrespective of whether it has been extended under regulation 9(3) of the TCG Regulations—
the priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it; and
the priority of a relevant warrant will be determined by reference to the date on which it was originally issued.
The production of—
the extension order granted under regulation 9(3) of the TCG Regulations, or a copy of it; or
the relevant writ or warrant endorsed in accordance with rule 84.5(3)(b), or a copy of it,
will be evidence that the writ or warrant has been extended.
If, during the validity of a relevant writ or warrant, a person makes an application under Part 85 in relation to goods taken into control under that writ or warrant, the validity of the writ or warrant will be extended until the expiry of 12 months from the conclusion of the proceedings under Part 85.
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)