[F1 PART 84 E+WENFORCEMENT BY TAKING CONTROL OF GOODS

Textual Amendments

F1 Pt. 84 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)

Modifications etc. (not altering text)

C1 Pt. 84 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(f), 24.6(1)

SECTION III E+WTaking Control of Goods

Application to extend the period in which to take control of goods E+W

84.5.— (1) An application under regulation 9(4) of the TCG Regulations (application to extend the period in which to take control of goods) must be accompanied by—

(a) a witness statement made by the person making the application that no previous application under regulation 9(4) has been made to extend that period; and

(b) the applicant’s grounds for not taking control of goods of the debtor during the period specified in regulation 9(1).

(2) If—

(a) the application is made before the expiry of the period specified in regulation 9(1); and

(b) the court orders the period of extension,

the period of extension will start on the day after the expiry of the period specified in regulation 9(1), or on such later day as the court may order.

(3) If the court orders the period of extension—

(a) the applicant must serve a copy of the extension order on the debtor, and on the creditor, enforcement agent or enforcement officer as appropriate; and

(b) if the goods are to be taken into control by virtue of a warrant or writ of control, or of any other writ or warrant conferring the power to use the procedure in Schedule 12, the court will endorse on the warrant or writ a note of the extension.]