- Latest available (Revised)
- Point in Time (30/04/2024)
- Original (As made)
Point in time view as at 30/04/2024.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 75.1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
75.1—(1) [F2Practice 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([F4Rule 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 [F6enforcement agent] has been unable to seize goods because [F7the [F6enforcement 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 [F8local 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 [F10or 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 [F11Practice Direction 75].]
Textual Amendments
F1Pt. 75 inserted (1.10.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(a), Sch. 9
F2Words 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)
F3Words 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)
F4Words 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)
F5Rule 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)
F6Words 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)
F7Word 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)
F8Words 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)
F9Rule 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)
F10Words 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)
F11Words 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)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.