C1F1PART 83Writs and Warrants – General Provisions

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

SECTION IScope and Interpretation

Scope and interpretation83.1

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.

F23

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.