• Part 1 Part 1 Introductory

    • 1. The procedure

      (1) Using the procedure in this Schedule 1 to recover a sum means taking control of goods and selling them to recover that sum in accordance with this Schedule 1 and rules under it.
      (2) In this Schedule 1, a power to use the procedure to recover a particular sum is called an "enforcement power".
      (3) The following apply in relation to an enforcement power —
      (a) "debt" means the sum recoverable;
      (b) "debtor" means the person (whether natural or legal) liable to pay the debt or, if two or more persons are jointly or jointly and severally liable, any one or more of them;
      (c) "creditor" means the person for whom the debt is recoverable.

    • 2. Enforcement agents

      (1) In this Schedule 1 "enforcement agent" means an individual authorised by section 123(2) to act as an enforcement agent.
      (2) Only an enforcement agent may take control of goods and sell them under an enforcement power.
      (3) An enforcement agent, if he is not the person on whom an enforcement power is conferred, may act under the power only if authorised by that person.
      (4) In relation to goods taken control of by an enforcement agent under an enforcement power, references to the enforcement agent are references to any person for the time being acting as an enforcement agent under the power.

    • 3. General interpretation

      (1) In this Schedule 1
      (a) "amount outstanding" is defined in paragraph 31(3) (application of proceeds);
      (b) "control" (except in paragraph 5(4)(a) (effect of property in goods being bound)) means control under an enforcement power;
      (c) "controlled goods" means goods taken control of that —
      (i) have not been sold or abandoned;
      (ii) if they have been removed, have not been returned to the debtor (unless subject to a controlled goods agreement); and
      (iii) if they are goods of another person, have not been returned to that person;
      (d) "controlled goods agreement" has the meaning given by paragraph 11(4) (ways of taking control);
      (e) "co-owner" in relation to goods of the debtor means a person other than the debtor who has an interest in the goods, but only if the enforcement agent —
      (i) knows that the person has an interest in the particular goods; or
      (ii) would know, if he made reasonable enquiries;
      (f) "the Court", unless otherwise stated, and subject to court procedure rules, means the Court of First Instance in relation to an enforcement power under a writ of the Court of First Instance;
      (g) "disposal" and related expressions, in relation to securities, are to be read in accordance with paragraph 30(2) (holding and disposal of securities: supplemental);
      (h) "exempt goods" means goods that rules exempt by description or circumstances or both;
      (i) "goods" means property of any description, other than real property;
      (j) "interest" means a beneficial interest;
      (k) "money" means money in US dollars or another currency;
      (l) "premises" means any place, and in particular includes —
      (i) a vehicle, vessel, aircraft (whether powered or unpowered and, if the former, howsoever powered) or hovercraft;
      (ii) a movable structure;
      (m) "securities" includes bills of exchange, promissory notes, bonds, equities, stock, specialities and securities for money.
      (2) In this Schedule 1
      (a) references to goods of the debtor or another person are references to goods in which the debtor or that person has an interest; but
      (b) references to goods of the debtor do not include references to trust property in which either the debtor or a co-owner has an interest not vested in possession.