Tribunals, Courts and Enforcement Act 2007 (c. 15)

Part 3 E+W Enforcement by taking control of goods

Chapter 1 E+W Procedure

62 Enforcement by taking control of goods E+W

(1) Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

(2) The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.

(3) Schedule 13—

(a) amends some powers previously called powers to distrain, so that they become powers to use that procedure;

(b) makes other amendments relating to Schedule 12 and to distress or execution.

(4) The following are renamed—

(a) writs of fieri facias, except writs of fieri facias de bonis ecclesiasticis, are renamed writs of control;

(b) warrants of execution are renamed warrants of control;

(c) warrants of distress, unless the power they confer is exercisable only against specific goods, are renamed warrants of control.

Commencement Information

I1 S. 62(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(a)

I2 S. 62(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(a)

I3 S. 62(2)-(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)