# The Civil Procedure Rules 1998, Rule 85.2: Interpretation


(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”.

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Source: https://www.legislation.gov.uk/uksi/1998/3132/rule/85.2 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/rule-85.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

