Office of Public Sector Information
PART V continued
(1)Subject to any order for the time being in force under subsection (4), this section applies to [F1any deposit account, and any withdrawable share account, with a deposit-taker].
(2)In determining whether, for the purposes of the jurisdiction of the county court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the crdit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with [F2rules of court], any condition mentioned in subsection (3) which applies to the account shall be disregarded.
(3)Those conditions are—
(a)any condition that notice is required before any money or share is withdrawn;
(b)any condition that a personal application must be made before any money or share is withdrawn;
(c)any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or
(d)any other prescribed condition.
(4)The Lord Chancellor may by order make such provision as he think fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely—
(a)including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order;
(b)excluding from the accounts to which this section applies all accounts with any particular [F3deposit-taker] so specified or with any [F3deposit-taker] of a description so specified.
(5)An order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
F1Words in s. 108(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 294(2)
F2Words in s. 108 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)
F3Words in s. 108(4)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 294(3)
[F1(1)Where an [F2interim third party debt order] made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on [F3a deposit-taker, it] may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards [F3its administrative and clerical expenses] of the institution in complying with the order; and the right F4. . . to make a deduction under this subsection shall be exercisable as from the time the [F5interim third party debt order] is served on it.
(1A)In subsection (1) “the relevant debt or debts”, in relation to an [F6interim third party debt order] served on [F7a deposit-taker], means the amount, as at the time the order is served on [F7it], of the debt or debts of which the whole or a part is expressed to be attached by the order.
(1B)A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.]
(2)[F8An amount may not in pursuance of subsection (1)]be deducted or, as the case may be, retained in a case where by virtue of [F9section [F10346 of the M1Insolvency Act 1986]]or section 325 of the M2Companies Act 1948 or otherwise, the creditor is not entitled to retain the benefit of the attachment.
(3)In this section “prescribed” means prescribed by an order made by the Lord Chancellor.
(4)An order under this section—
(a)may make different provision for different cases; . . . F11
(b)without prejudice to the generality of paragraph (a) may prescribe sums differing according to the amount due under the judgment or order to be satisfied.
[F12(c)may provide for this section not to apply to [F13deposit-taker] of any prescribed description.]
(5)Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
F1S. 109(1),(1A),(1B) substituted for subsection (1) by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(2), 65(9), Sch. 9 para. 11(2)
F2Words in s. 109(1) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 7
F3Words in s. 109(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 295(2)(a)(b)
F4Words in s. 109(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 295(2)(c)
F5Words in s. 109(1) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 7
F6Words in s. 109(1A) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 7
F7Words in s. 109(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 295(3)(a)(b)
F8Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(3), 69(5), Sch. 9 para. 11(2)
F9Words substituted by virtue of Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 38(4), Sch. 9 para. 11(2)
F10Words substituted by virtue of Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
F11Word repealed by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(4), 67(2), 69(5), Sch. 8 Pt.II, Sch. 9 para. 11(2)
F12S. 109(4)(c) inserted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(4), 69(5), Sch. 9 para. 11(2)
F13Words in s. 109(4)(c) substituted (1.12.2001) by virtue of S.I. 2001/3649, arts. 1, 295(4)
M11986 c. 45 (66)
M21948 c. 38.
(1)If a debtor summoned to attend a county court by a judgment summons fails to attend on the day and at the time fixed for any hearing of the summons, the judge may adjourn or further adjourn the summons to a specified time on a specified day and order the debtor to attend at that time on that day.
(2)If—
(a)a debtor, having been ordered under subsection (1) to attend at a specified time on a specified day, fails to do so; F1. . .
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the judge may make an order committing him to prison for a period not exceeding 14 days in respect of the failure or refusal.
(3)In any case where the judge has power to make an order of committal under subsection (2) for failure to attend, he may in lieu of or in addition to making that order, order the debtor to be arrested and brought before the court either forthwith or at such time as the judge may direct.
(4)A debtor shall not be committed to prison under subsection (2) for having failed to attend as required by an order under subsection (1) unless there was paid to him at the time of the service of the judgment summons, or paid or tendered to him at the time of the service of the order, such sum in respect of his expenses as may be prescribed for the purposes of this section.
(5)The judge may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.
F1Word in s. 110(2)(a) omitted (25.3.2002) by virtue of The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 8(a)
F2S. 110(2)(b) omitted (25.3.2002) by virtue of The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 8(b)
(1)For the purpose of executing a warrant to give possession of any premises, it shall not be necessary to remove any goods from those premises.
(2)The duration of any warrant of possession issued by a county court to enforce a judgment or order for the recovery of land or for the delivery of possession of land shall be such as may be fixed by or in accordance with [F1rules of court].
F1Words in s. 111 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)
County Courts Act 1984