The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014

General consequential, transitional and saving provision

3.—(1) Subject to any specific amendments or revocations made by this Order—

(a) any reference (however expressed) in relevant subordinate legislation that is or is deemed to be to the use of a power to distrain or to levy distress is to be read, so far as necessary for continuing its effect, as a reference to the use of a power to use the Schedule 12 procedure;

(b) any reference (however expressed) in relevant subordinate legislation to—

(i) a writ of fieri facias (other than a writ of fieri facias de bonis ecclesiasticis);

(ii) a warrant of execution; or

(iii) a warrant of distress (other than one which confers a power exercisable only against specific goods),

is to be read, so far as necessary for continuing its effect, as a reference to a writ or warrant of control;

(c) any form of writ or warrant which describes the writ or warrant as—

(i) a writ of fieri facias (other than a writ of fieri facias de bonis ecclesiasticis);

(ii) a warrant of execution; or

(iii) a warrant of distress (other than one which confers a power exercisable only against specific goods),

is to be read, so far as necessary for its validity, as describing the writ or warrant as a writ or warrant of control; and

(d) any reference (however expressed) in any form or notice (whether or not prescribed by virtue of any enactment) or other document—

(i) to a bailiff, is to be read as a reference to an enforcement agent; or

(ii) to the use of a power to distrain or to levy distress, is to be read as a reference to the use of a power to use the Schedule 12 procedure,

so far as necessary for the validity of the form, notice or other document or any action pursuant to it.

(2) Where, by virtue of section 66 of the 2007 Act, Part 3 of the 2007 Act does not affect the continuing exercise of a power in relation to goods, the amendments and revocations made by this Order do not apply for the purposes of the continuing exercise of that power in relation to those goods.