67. Interpretation

Past version: effective from 17/12/2015 - 16/12/2015
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(1) In these Rules, unless the context otherwise provides or requires —
(a) "Abu Dhabi Global Market" means the financial free zone established by Federal Decree No. (15) of 2013 issued by the President of the United Arab Emirates, as delimited by Resolution No. (4) of 2013 of the Cabinet of the United Arab Emirates and as governed by the ADGM Founding Law;
(b) "ADGM enactment" means ADGM regulations and any rules made under ADGM regulations, including court procedure rules;
(c) "ADGM Founding Law" means Law No. (4) of 2013 concerning the Abu Dhabi Global Market issued by His Highness the Ruler;
(d) "ADGM regulations" means regulations enacted by the Board under Article 6(1) of the ADGM Founding Law;
(e) "amount outstanding" has the meaning given by paragraph 31(3) of Schedule 1 (application of proceeds);
(f) "Applicable Abu Dhabi Law" means a law issued after the date of enactment of these Regulations by His Highness the Ruler of the Emirate of Abu Dhabi which expressly provides for the law to have application in the Abu Dhabi Global Market, including any rules, regulations, orders, resolutions or similar measures adopted pursuant to such law;
(g) "Board" means the Board of Directors of the Abu Dhabi Global Market as constituted by Article 4 of the ADGM Founding Law;
(h) "business day" means any day other than a Friday, Saturday or a public holiday;
(i) "Chief Justice" means the Chief Justice of the Abu Dhabi Global Market Courts appointed under Article 13(2) of the ADGM Founding Law;
(j) "child" means a person under the age of 21;
(k) "clear days" means that in computing the number of days —
(i) the day on which the period begins;
(ii) if the end of the period is defined by reference to an event, the day on which that event occurs; and
(iii) any public holiday falling during the period,
are not included;
(l) "controlled goods" has the meaning given in paragraph 3(1) of Schedule 1 (general interpretation);
(m) "controlled goods agreement" has the meaning given by paragraph 11(4) of Schedule 1 (ways of taking control);
(n) "co-owner" has the meaning given in paragraph 3(1) of Schedule 1 (general interpretation);
(o) "Court" means the Court of First Instance;
(p) "court procedure rules" means rules made under Part 7 of the Regulations;
(q) "CRAR" has the meaning given by section 127 of the Regulations (commercial rent arrears recovery (CRAR));
(r) "creditor" has the meaning given in paragraph 1(3) of Schedule 1 (the procedure);
(s) "debtor" has the meaning given in paragraph 1(3) of Schedule 1 (the procedure);
(t) "disabled person" means a person —
(i) whose sight, hearing or speech is substantially impaired;
(ii) who has a mental disorder; or
(iii) who is physically substantially disabled by any illness, any impairment present since birth, or otherwise;
(u) "Emirate" means the Emirate of Abu Dhabi;
(v) "enforcement agent" has the meaning given in paragraph 2(1) of Schedule 1 (enforcement agents);
(w) "enforcement power" has the meaning given by paragraph 1(2) of Schedule 1;
(x) "enforcement-related services" has the meaning given by paragraph 41(5) of Schedule 1 (costs);
(y) "Global Market's Authority" has the meaning given in Articles 1 and 10 of the ADGM Founding Law;
(z) "net unpaid rent" has the meaning given in section 132(5) of the Regulations (the rent recoverable);
(aa) "notice of enforcement" means the notice of enforcement required by paragraph 7(1) of Schedule 1 (notice of enforcement);
(bb) "notice of the enforcement agent's intention to re-enter premises" means the notice of the enforcement agent's intention to re-enter premises required by paragraph 16(5)(d) of Schedule 1 (general powers to use reasonable force: supplementary);
(cc) "older person" means a person aged 75 or over;
(dd) "percentage fee" means a fee calculated in accordance with rule 56;
(ee) "premises" has the meaning given in paragraph 3(1) of Schedule 1 (general interpretation);
(ff) "proceeds" has the meaning given by paragraph 31(2) of Schedule 1 (application of proceeds);
(gg) "public authority" includes any Global Market's Authority;
(hh) "public holiday" means New Year's day, Al-Mawlid Al Nabawi, Israa & Miaraj Night, Start of Ramadan, Eid Al Fitr, Arafat (Haj) Day, Eid Al Adha, Hijri New Year's Day, UAE National Day and any other day declared to be a public holiday by the government of the United Arab Emirates;
(ii) "public ownership" means wholly or partly owned by the Emirate or the Abu Dhabi Global Market and controlled through a public authority;
(jj) "the Regulations" means the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015;
(kk) "reference number" means a reference number assigned to the debt by the enforcement agent or the enforcement agent's office;
(ll) "relevant premises" has the meaning given by paragraph 12(4) and (6) of Schedule 1 (entry without warrant);
(mm) "rent" has the meaning given by section 131 of the Regulations (rent);
(nn) "Schedule 1" means Schedule 1 to the Regulations;
(oo) "securities" has the meaning given in paragraph 3(1) of Schedule 1 (general interpretation);
(pp) "specified premises" means the premises specified in a warrant issued under paragraph 13(1) of Schedule 1 (entry under warrant);
(qq) "sum to be recovered" means the amount of the debt which remains unpaid, or an amount that the creditor agrees to accept in full satisfaction of the debt;
(rr) "the sum outstanding" means the outstanding debt together with any interest and costs of enforcement to date;
(ss) "taking control of goods" has the meaning given by paragraph 11(1) of Schedule 1 (ways of taking control).
(2) In these Rules, references to "the compliance stage", "the first enforcement stage", "the second enforcement stage" and to "the sale and disposal stage" are to be construed in accordance with rule 55.
(3) In these Rules, any notice, agreement, warning, inventory, valuation or authorisation that are, pursuant to these Rules, required to be made or given in writing must be written in English.