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The Civil Procedure Rules 1998

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[F1InterpretationE+W

85.2.(1) In this Part—

(a)the Act” means the Tribunals, Courts and Enforcement Act 2007;

(b)“claim to controlled goods” is a claim made under paragraph 60(1) of Schedule 12;

(c)“a claim to exempt goods” means a claim by a debtor whose goods have been subject to an enforcement power under an enactment, writ or warrant of control or the right to execute conferred by a writ of execution, that such goods are exempt goods;

(d)“claimant to controlled goods” means any person making a claim to controlled goods;

(e)“claimant to executed goods” means any person making a claim to executed goods;

(f)“the court” has the meaning given in paragraph 60(8) of Schedule 12, in respect of a claim to controlled goods;

(g)“debtor’s home court” means the Central Office or District Registry of the High Court or the County Court hearing centre serving the address where the debtor resides or carries on business;

(h)“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;

(i)“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;

(j)“executed goods” means goods subject to a writ of execution;

(k)“exempt goods” —

(i)in respect of controlled goods has the meaning given in paragraph 3(1) of Schedule 12 and defined in regulations 4 and 5 of the TCG Regulations; and

(ii)in respect of executed goods has the meaning given in paragraph 9(3) of Schedule 7 to the Courts Act 2003;

(l)“goods subject to enforcement” refers to either controlled goods or executed goods;

(m)“relevant enforcement officer” means—

(i)in relation to a writ of execution which is directed to a single enforcement officer, that officer; and

(ii)in relation to a writ of execution which is directed to two or more enforcement officers, the officer to whom the writ is allocated;

(n)“required payments” has the meaning given in paragraph 60(4) of Schedule 12;

(o)“Schedule 12” means Schedule 12 to the Act;

(p)TCG Regulations” means the Taking Control of Goods Regulations 2013;

(q)“warrant of control” is to be construed in accordance with section 62(4) of the Act;

(r)“writ of control” is to be construed in accordance with section 62(4) of the Act;

(s)“writ of execution” includes—

(i)a writ of possession;

(ii)a writ of delivery;

(iii)a writ of sequestration;

(iv)writs relating to ecclesiastical property, namely—

(aa)a writ of fieri facias de bonis ecclesiasticis;

(bb)a writ of sequestrari de bonis ecclesiasticis,

and any further writ in aid of any such writs, but does not include a writ of control;

(t)the following words or phrases have the meaning given in paragraph 1 of Schedule 12, in respect of a claim to controlled goods—

(i)“creditor”;

(ii)“debt”;

(iii)“debtor”;

(iv)“enforcement power”;

(u)the following words or phrases have the meaning given in paragraph 3(1) of Schedule 12—

(i)“control”;

(ii)“controlled goods”;

(iii)“co-owner”;

(iv)“disposal”;

(v)“interest”;

(vi)“money”;

(vi)“premises”;

(vii)“securities”.]

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