The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021

CHAPTER 11 E+W Enforcement procedures

Enforcement of court orders E+W

232.  In a special administration, orders of the court may be enforced in the same manner as a judgment to the same effect.

Commencement Information

I1 Rule 232 in force at 12.11.2021, see rule 2

Orders enforcing compliance with these Rules E+W

233.—(1) The court may, on application by the administrator, make such orders as it thinks necessary for the enforcement of obligations falling on any person in accordance with—

(a) paragraph 47, or

(b) section 235 of the IA 1986 (duty of various persons to co-operate with administrator).

(2) An order of the court under this rule may provide that all costs of and incidental to the application for it must be borne by the person against whom the order is made.

Commencement Information

I2 Rule 233 in force at 12.11.2021, see rule 2

Warrants (general provisions) E+W

234.—(1) A warrant issued by the court under any provision of the Regulations must be addressed to such officer of the court as the warrant specifies, or to any constable.

(2) The persons referred to in section 236(5) of the IA 1986 as the prescribed officer of the court are the tipstaff and the tipstaff’s assistants of the court.

(3) In this Chapter, references to property include books, papers and records.

Commencement Information

I3 Rule 234 in force at 12.11.2021, see rule 2

Warrants under section 236 E+W

235.—(1) When a person (‘P’) is arrested under a warrant issued under section 236 of the IA 1986, the officer arresting P must as soon as is reasonably practicable bring P before the court issuing the warrant in order that P may be examined.

(2) If P cannot immediately be brought up for examination, the officer must deliver P into the custody of the governor of the prison named in the warrant (or where that prison is not able to accommodate P, the governor of such other prison with appropriate facilities which is able to accommodate P), who must keep that person in custody and produce P before the court as it may from time to time direct.

(3) After arresting P, the officer must as soon as is reasonably practicable report to the court the arrest or delivery into custody (as the case may be) of P and apply to the court to fix a venue for P’s examination.

(4) The court must appoint the earliest practicable time for the examination, and must—

(a) direct the governor of the prison to produce P for examination at the time and place appointed, and

(b) as soon as is reasonably practicable give notice of the venue to the person who applied for the warrant.

(5) Any property in P’s possession which may be seized must be—

(a) lodged with, or otherwise dealt with as instructed by, whoever is specified in the warrant as authorised to receive it, or

(b) kept by the officer seizing it pending the receipt of written orders from the court as to its disposal,

as may be directed by the court.

Commencement Information

I4 Rule 235 in force at 12.11.2021, see rule 2