• Chapter 6: Chapter 6: Enforcement by Taking Control of Goods

    • 123. Enforcement agents

      (1) This section and section 124 apply for the purposes of Schedule 1.
      (2) An individual may act as an enforcement agent only if one of these applies —
      (a) he acts under a certificate under section 124;
      (b) he is exempt; or
      (c) he acts in the presence and under the direction of a person to who paragraph (a) or (b) applies.
      (3) An individual is exempt if he acts in the course of his duty as a person appointed under section 210(1) (Court officers and staff).
      (4) An individual is exempt if he acts in the course of his duty as an officer of the Abu Dhabi Global Market, a Global Market's Authority or an Emirate's government department.

    • 124. Certificate to act as an enforcement agent

      (1) A certificate may be issued under this section by the Registrar.
      (2) The Board, acting on the recommendation of and having consulted with, the Chief Justice, must make rules about certificates under this section.
      (3) The rules may in particular include provision —
      (a) for fees to be charged for applications;
      (b) for certificates to be issued subject to conditions, including the giving of security;
      (c) for certificates to be limited to purposes specified by or under the rules;
      (d) about complaints against holders of certificates;
      (e) about suspension and cancellation of certificates;
      (f) to modify or supplement Schedule 1 for cases where a certificate is suspended or cancelled or expires;
      (g) requiring the Courts to make information available relating to certificates.

    • 125. Power of the Court of First Instance to stay execution

      (1) If the Court of First Instance is satisfied that a party to the proceedings is unable to pay —
      (a) a sum recovered against him (by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise); or
      (b) any instalment of such a sum,
      the Court may stay the execution of any writ of control issued in the proceedings, for whatever period and on whatever terms it thinks fit.
      (2) The Court may act under subsection (1) from time to time until it appears that the cause of the inability to pay has ceased.
      (3) In this section, a party to proceedings includes every person, whether or not named as a party, who is served with notice of the proceedings or attends them.