Part 3Enforcement by taking control of goods

Chapter 1Procedure

62Enforcement by taking control of goods

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.