The Civil Procedure Rules 1998

Enforcement of orders E+W

Rule 5— [F1 (1) Subject to the Order and this rule—

(a) CPR Parts 70 to 73;

(b) Order 25, rules 1 and 9;

(c) Order 26, rule 5; and

(d) Order 27, rules 1 to 7, 7A, 9 to 16 and 18 to 22,

shall apply for the enforcement of specified debts.]

(2) CPR rule 30.2(1) (b) (ii) (court may order transfer of proceedings to enforce judgment or order to another county court if proceedings could be more conveniently or fairly taken there) applies to proceedings under this Order.

(3) An authority desiring to issue a warrant of execution shall file a request in that behalf in the appropriate form or in another manner approved by the court officer—

(a) certifying the amount remaining due under the order;

(b) specifying the date of service of the order on the respondent; and

(c) certifying that the relevant period has elapsed.

(4) The court shall seal the request and return it to the authority which shall, within 7 days of the sealing of the request, prepare the warrant in the appropriate form.

(5) No payment under a warrant shall be made to the court.

(6) A warrant shall, for the purpose of execution, be valid for 12 months beginning with the date of its issue and nothing in this rule or in Order 26 shall authorise an authority to renew a warrant.

(7) Where an order is deemed to have been revoked under paragraph 8 (5) of Schedule 6 to the 1991 Act [F2 or, as the case may be, paragraph 10(5) of Schedule 1 to the 1996 Act]—

(a) the court shall serve a copy of the statutory declaration on the authority;

(b) any execution issued on the order shall cease to have effect; and

(c) on receipt of the court officer’s notice under paragraph 8 (5)(d) of Schedule 6 [F3 or, as the case may be, paragraph 10(5) of Schedule 1 to the 1996 Act], the authority shall forthwith inform any bailiff instructed to levy execution of the withdrawal of the warrant.

(8) [F4 If an authority requests the transfer of proceedings to another county court for enforcement, in its request it must]—

(a) where the authority has not attempted to enforce by execution, give the reasons why no such attempt was made;

(b) certify that there has been no relevant return to the warrant of execution;

(c) specify the date of service of the order on the respondent; and

(d) certify that the relevant period has elapsed.

(9) [F5 An application for an attachment of earnings order, an order to obtain information from a debtor, a third party debt order or a charging order shall, in addition to the requirements of Order 27 or CPR Part 71, 72 or 73 (as the case may be)—]

(a) where the authority has not attempted to enforce by execution, give the reasons why no such attempt was made;

(b) certify that there has been no relevant return to the warrant of execution;

(c) specify the date of service of the order on the respondent, and

(d) certify that the relevant period has elapsed.

(10) In paragraphs (8) and (9) “no relevant return to the warrant” means that—

(a) the bailiff has been unable to seize goods because he has been denied access to the premises occupied by the respondent or because the goods have been removed from those premises;

(b) any goods seized under the warrant of execution are insufficient to satisfy the specified debt and the cost of execution; or

(c) the goods are insufficient to cover the cost of their removal and sale.

(11) If the court officer allows, an authority may combine information relating to one charge certificate with information concerning the same respondent in another charge certificate in any request made, or any application brought, under one of the provisions mentioned in paragraph (8) or (9) above.

Textual Amendments

F1 Sch. 2 CCR Order 48B Rule 5(1) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 22(a) (with rule 24)

F2 Words in Sch. 2 CCR Order 48B rule 5(7) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(h)(i)

F3 Words in Sch. 2 CCR Order 48B rule 5(7)(c) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(h)(ii)

F4 Words in Sch. 2 CCR Order 48B Rule 5(8) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 22(b) (with rule 24)

F5 Words in Sch. 2 CCR Order 48B Rule 5(9) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 22(c) (with rule 24)