[F1 PART 83 E+WWrits and Warrants – General Provisions

Textual Amendments

F1 Pt. 83 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. 83 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(e), 24.6(1)

SECTION I E+WScope and Interpretation

Scope and interpretation E+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.]]

Textual Amendments

F2 Rule 83.1(3) inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(2) (with rule 2)