Valid from 15/07/2013

Part 3 E+WEnforcement by taking control of goods

Chapter 1E+WProcedure

62Enforcement by taking control of goodsE+W

(1)Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

(2)The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.

(3)Schedule 13—

(a)amends some powers previously called powers to distrain, so that they become powers to use that procedure;

(b)makes other amendments relating to Schedule 12 and to distress or execution.

(4)The following are renamed—

(a)writs of fieri facias, except writs of fieri facias de bonis ecclesiasticis, are renamed writs of control;

(b)warrants of execution are renamed warrants of control;

(c)warrants of distress, unless the power they confer is exercisable only against specific goods, are renamed warrants of control.

64Certificates to act as an enforcement agentE+W

(1)A certificate may be issued under this section—

(a)by a judge assigned to a county court district;

(b)in prescribed circumstances, by a district judge.

(2)The Lord Chancellor must make regulations about certificates under this section.

(3)The regulations may in particular include provision—

(a)for fees to be charged for applications;

(b)for certificates to be issued subject to conditions, including the giving of security;

(c)for certificates to be limited to purposes specified by or under the regulations;

(d)about complaints against holders of certificates;

(e)about suspension and cancellation of certificates;

(f)to modify or supplement Schedule 12 for cases where a certificate is suspended or cancelled or expires;

(g)requiring courts to make information available relating to certificates.

(4)A certificate under section 7 of the Law of Distress Amendment Act 1888 (c. 21) which is in force on the coming into force of this section has effect as a certificate under this section, subject to any provision made by regulations.