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There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 83.1.
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83.1.—(1) This Part contains general rules about writs and warrants as follows—
(a)Section II relates to writs and warrants;
(b)Section III relates to writs only; and
(c)Section IV relates to warrants only.
(2) In this Part—
(a)“the Act” means the Tribunals, Courts and Enforcement Act 2007;
(b)“the creditor” means a person who has obtained or who is entitled to enforce a judgment or order;
(c)“the debtor” means a person against whom a judgment or order was given or made;
(d)“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;
(e)“enforcement officer” means an individual who is authorised to act as an enforcement officer under Schedule 7 to the Courts Act 2003;
(f)“relevant enforcement officer” means—
(i)in relation to a writ of execution or a writ of control which is directed to a single enforcement officer, that officer; and
(ii)in relation to a writ of execution or writ of control which is directed to two or more enforcement officers, the officer to whom the writ is allocated;
(g)“Schedule 12” means Schedule 12 to the Act;
(h)“TCG procedure” means the procedure in Schedule 12 to take control of goods and sell them to recover a sum in accordance with that Schedule and regulations made under it;
(i)“TCG Regulations” means the Taking Control of Goods Regulations 2013;
(j)“warrant of control” is to be construed in accordance with section 62(4) of the Act;
(k)“writ of control” is to be construed in accordance with section 62(4) of the Act;
(l)“writ of execution” includes—
(i)a writ of possession;
(ii)a writ of delivery;
(iii)a writ of sequestration;
(iv)a writ of fieri facias de bonis ecclesiasticis,
and any further writ in aid of any such writs, but does not include a writ of control.
[F2(3) This Part does not apply where an application is made seeking confiscation of assets as a punishment for contempt of court. Any such application must be made under Part 81 and not under this Part.]]
Textual Amendments
F1Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)
F2Rule 83.1(3) inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(2) (with rule 2)
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