Rule 85.2 InterpretationF1

(1)

In this Part—

(a)

“the Act” means the Tribunals, Courts and Enforcement Act 2007;

(b)

“claim to controlled goods” is a claim made under paragraph 60(1) of Schedule 12;

(c)

“a claim to exempt goods” means a claim by a debtor whose goods have been subject to an enforcement power under an enactment, writ or warrant of control or the right to execute conferred by a writ of execution, that such goods are exempt goods;

(d)

“claimant to controlled goods” means any person making a claim to controlled goods;

(e)

“claimant to executed goods” means any person making a claim to executed goods;

(f)

“the court” has the meaning given in paragraph 60(8) of Schedule 12, in respect of a claim to controlled goods;

(g)

“debtor’s home court” means the Central Office or District Registry of the High Court or the County Court hearing centre serving the address where the debtor resides or carries on business;

(h)

“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;

(i)

“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;

(j)

“executed goods” means goods subject to a writ of execution;

(k)

“exempt goods” —

(i)

in respect of controlled goods has the meaning given in paragraph 3(1) of Schedule 12 and defined in regulations 4 and 5 of the TCG Regulations; and

(ii)

in respect of executed goods has the meaning given in paragraph 9(3) of Schedule 7 to the Courts Act 2003;

(l)

“goods subject to enforcement” refers to either controlled goods or executed goods;

(m)

“relevant enforcement officer” means—

(i)

in relation to a writ of execution which is directed to a single enforcement officer, that officer; and

(ii)

in relation to a writ of execution which is directed to two or more enforcement officers, the officer to whom the writ is allocated;

(n)

“required payments” has the meaning given in paragraph 60(4) of Schedule 12;

(o)

“Schedule 12” means Schedule 12 to the Act;

(p)

“TCG Regulations” means the Taking Control of Goods Regulations 2013;

(q)

“warrant of control” is to be construed in accordance with section 62(4) of the Act;

(r)

“writ of control” is to be construed in accordance with section 62(4) of the Act;

(s)

“writ of execution” includes—

(i)

a writ of possession;

(ii)

a writ of delivery;

(iii)

a writ of sequestration;

(iv)

writs relating to ecclesiastical property, namely—

(aa)

a writ of fieri facias de bonis ecclesiasticis;

(bb)

a writ of sequestrari de bonis ecclesiasticis,

and any further writ in aid of any such writs, but does not include a writ of control;

(t)

the following words or phrases have the meaning given in paragraph 1 of Schedule 12, in respect of a claim to controlled goods—

(i)

“creditor”;

(ii)

“debt”;

(iii)

“debtor”;

(iv)

“enforcement power”;

(u)

the following words or phrases have the meaning given in paragraph 3(1) of Schedule 12—

(i)

“control”;

(ii)

“controlled goods”;

(iii)

“co-owner”;

(iv)

“disposal”;

(v)

“interest”;

(vi)

“money”;

(vi)

“premises”;

(vii)

“securities”.

Annotations

Textual amendments

F1: Pt. 85 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)