The Civil Procedure Rules 1998

[F1Scope and interpretationE+W

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

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)