Section 62 — Tribunals, Courts and Enforcement Act 2007: Enforcement by taking control of goods

Enforcement by taking control of goods 62 1 Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

2 The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.

3 Schedule 13—

a amends some powers previously called powers to distrain, so that they become powers to use that procedure;

b makes other amendments relating to Schedule 12 and to distress or execution.

4 The following are renamed—

a writs of fieri facias, except writs of fieri facias de bonis ecclesiasticis, are renamed writs of control;

b warrants of execution are renamed warrants of control;

c warrants of distress, unless the power they confer is exercisable only against specific goods, are renamed warrants of control.