The Civil Procedure Rules 1998

[F1 Warrant of execution E+W

75.7— (1) An authority seeking the issue of a warrant of execution must file a request—

(a) certifying the amount remaining due under the order;

(b) specifying the date of service of the order on the respondent; and

(c) certifying that the relevant period has elapsed.

(2) The court will seal the request and return it to the authority.

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

(4) No payment under a warrant will be made to the court.

(5) For the purposes of execution a warrant will be valid for 12 months beginning with the date of its issue.

[F2 (6) An authority may not renew a warrant issued in accordance with this Part beyond the 12 month validity period but, subject to paragraph (7), an authority may request the reissue of a warrant during the 12 month validity period.]

[F3 (7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request—

(a) specifying the new address of the respondent;

(b) providing evidence that the new address for the respondent does relate to the respondent named in the order and against whom enforcement is sought; and

(c) certifying that the amount due under the order remains unpaid.

(8) Where the court is satisfied that the new address of the respondent given in the request for the reissue of the warrant relates to the respondent named in the order, it will seal the request and return it to the authority.

(9) The authority must prepare the reissued warrant in the appropriate form within 7 days of the sealing of the request to reissue.

(10) A reissued warrant will only be valid for the remainder of the 12 month period beginning with the date it was originally issued.]]

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 Rule 75.7(6) substituted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 13(d)(i)

F3 Rules 75.7(7)-(10) inserted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 13(d)(ii)