[SECTION IE+WScope and Interpretation
ScopeE+W
85.1.—(1) This Part contains rules about claims on controlled goods and executed goods as follows—
(a)Section II sets out the mode of application for claims under this Part;
(b)Section III relates to the procedure for making claims to controlled goods;
(c)Section IV relates to the procedure for making claims against executed goods;
(d)Section V relates to the procedure for a debtor making a claim to exempt goods;
(e)Section VI relates to the powers of the court hearing any application under this Part.
(2) The rules in this Part apply where—
(a)a person makes an application to the court claiming that goods of which control has been taken belong to that person and not to the debtor;
(b)a person makes an application to the court claiming that goods, money or chattels taken or intended to be taken under a writ of execution or the proceeds or value of such goods or chattels belong to that person and not to the debtor; and
(c)a debtor, whose goods have been made subject to an enforcement power under an enactment, writ or warrant of control or have been taken or are intended to be taken under a writ of execution, claims that such goods or any of them are exempt goods.
InterpretationE+W
85.2.—(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”.]