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The Civil Procedure Rules 1998

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Changes over time for: Cross Heading: SECTION I

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Point in time view as at 06/04/2024.

Changes to legislation:

The Civil Procedure Rules 1998, Cross Heading: SECTION I is up to date with all changes known to be in force on or before 10 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1SECTION IE+WScope and Interpretation

Scope and interpretationE+W

83.1.(1) This Part contains general rules about writs and warrants as follows—

(a)Section II relates to writs and warrants;

(b)Section III relates to writs only; and

(c)Section IV relates to warrants only.

(2) In this Part—

(a)the Act” means the Tribunals, Courts and Enforcement Act 2007;

(b)“the creditor” means a person who has obtained or who is entitled to enforce a judgment or order;

(c)“the debtor” means a person against whom a judgment or order was given or made;

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

(e)“enforcement officer” means an individual who is authorised to act as an enforcement officer under Schedule 7 to the Courts Act 2003;

(f)“relevant enforcement officer” means—

(i)in relation to a writ of execution or a writ of control which is directed to a single enforcement officer, that officer; and

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

(g)“Schedule 12” means Schedule 12 to the Act;

(h)“TCG procedure” means the procedure in Schedule 12 to take control of goods and sell them to recover a sum in accordance with that Schedule and regulations made under it;

(i)TCG Regulations” means the Taking Control of Goods Regulations 2013;

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

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

(l)“writ of execution” includes—

(i)a writ of possession;

(ii)a writ of delivery;

(iii)a writ of sequestration;

(iv)a writ of fieri facias de bonis ecclesiasticis,

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

[F2(3) This Part does not apply where an application is made seeking confiscation of assets as a punishment for contempt of court. Any such application must be made under Part 81 and not under this Part.]]

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