The Civil Procedure Rules 1998

[F1 Warrants of delivery conferring a power to use the TCG procedure – notice of enforcement and inventory requirements E+W

83.25.— (1) Where a warrant of delivery confers the power to use the TCG procedure, this rule applies in relation to the parts of the warrant that do not confer that power.

(2) Subject to paragraph (4), the enforcement agent must send a warning notice to the person against whom the warrant is issued not less than 7 clear days before the enforcement agent executes the warrant.

(3) Where the period referred to in paragraph (2) includes a Sunday, bank holiday, Good Friday or Christmas Day, that day does not count in calculating that period.

(4) The court may order that a specified shorter period of notice be given to the debtor.

(5) The enforcement agent may apply for the order by way of application under Part 23 and may make the application as part of an application under rule 84.4.

(6) Upon executing the warrant, the enforcement agent must give to the debtor or leave for the debtor at the place where the warrant is being executed, notice about the execution.

(7) As soon as reasonably practicable, and in any event within 7 days of execution of the warrant, the enforcement agent must provide the debtor with a written inventory of goods taken with a description of the goods to enable the debtor to identify the goods correctly.

(8) If the enforcement agent fails to provide—

(a) notice of execution under paragraph (6); or

(b) an inventory under paragraph (7) within 7 days of execution,

the debtor may make an application to the court under Part 23 for an order requiring the enforcement agent to supply the notice or inventory as appropriate.

(Regulations 6 and 30 to 33 of the TCG Regulations contain notice and inventory requirements that apply in relation to the use of the TCG procedure.)]

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)