The Civil Procedure Rules 1998

[F1 Scope and interpretation E+W

75.1— (1) [F2 Practice Direction 75]—

(a) sets out the proceedings to which this Part applies; and

(b) may apply this Part with modifications in relation to any particular category of those proceedings.

[F3 ([F4 Rule 21.1(1)(c)(i)] provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)]

(2) In this Part—

(a) “the Centre” means the Traffic Enforcement Centre established under the direction of the Lord Chancellor;

[F5 (a1) “enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;

(a2) “local authority warrant of control” means a warrant of control issued by a local authority under article 5 of the 1993 Order;]

(b) “no relevant return to the warrant” means that—

(i) the [F6 enforcement agent] has been unable to seize goods because [F7 the [F6 enforcement agent]] has been denied access to premises occupied by the defendant or because the goods have been removed from those premises;

(ii) any goods seized under a [F8 local authority warrant of control] are insufficient to satisfy the debt and the cost of execution; or

(iii) the goods are insufficient to cover the cost of their removal and sale[F9 ;]

(c) “the 1993 Order” means the Enforcement of Road Traffic Debts Order 1993;

(d) “relevant period”, in relation to any particular case, means—

(i) the period allowed for serving a statutory declaration [F10 or witness statement] under any enactment which applies to that case; or

(ii) where an enactment permits the court to extend that period, the period as extended;

(e) “specified debts” means the debts specified in article 2 of the 1993 Order or treated as so specified by any other enactment; and

(f) “the authority”, “notice of the amount due”, “order” and “the respondent” have the meaning given by [F11 Practice Direction 75].]

Textual Amendments

F1 Pt. 75 inserted (1.10.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(a), Sch. 9

F2 Words in rule 75.1(1) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 49(a)

F3 Words in rule 75.1(1) inserted (31.3.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(a), 9(a)(ii)

F4 Words in rule 75.1(1) substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(b)(i) (with rule 41)

F5 Rule 75.1(2)(a1)(a2) inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(b)(ii) (with rule 41)

F6 Words in rule 75.1(2)(b)(i) substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(b)(iii)(aa) (with rule 41)

F7 Word in rule 75.1(2)(b)(i) substituted (31.3.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(a), 9(a)(iii)

F8 Words in rule 75.1(2)(b)(ii) substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(b)(iii)(bb) (with rule 41)

F9 Rule 75.1(2)(b)(iii): semicolon substituted for full stop (31.3.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(a), 9(a)(iv)

F10 Words in rule 75.1(2)(d)(i) inserted (31.3.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(a), 9(a)(v)

F11 Words in rule 75.1(2)(f) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 49(b)