Office of Public Sector Information
PART I continued
(2) In that section the following subsection shall be inserted after subsection (4)—
“(4A) Subsection (4) is subject to section 112A.”
(3) Subsection (5) of that section shall be omitted.
(4) The following subsection shall be added at the end of that section—
“(9) An administration order shall cease to have effect—
(a) at the end of the period of three years beginning with the date on which it is made; or
(b) on such earlier date as may be specified in the order.”
(5) After that section there shall be inserted the following sections—
(1) Where the court is satisfied—
(a) that it has power to make an administration order with respect to the debtor concerned; but
(b) that an order restricting enforcement would be a more satisfactory way of dealing with the case,
it may make such an order instead of making an administration order.
(2) Where an order restricting enforcement is made, no creditor specified in the order shall have any remedy against the person or property of the debtor in respect of any debt so specified, without the leave of the court.
(3) Subsection (4) applies to any creditor—
(a) who is named in the schedule to an administration order or in an order restricting enforcement; and
(b) who provides the debtor with mains gas, electricity or water for the debtor’s own domestic purposes.
(4) While the order has effect, the creditor may not stop providing the debtor with—
(a) mains gas, electricity or (as the case may be) water for the debtor’s own domestic purposes; or
(b) any associated service which it provides for its customers,
without leave of the court unless the reason for doing so relates to the non-payment of charges incurred by the debtor after the making of the order or is unconnected with non-payment by him of any charges.
(5) In this section “mains gas” means a supply of gas by a public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986.
(6) Rules of court may make provision with respect to the period for which any order restricting enforcement is to have effect and for the circumstances in which any such order may be revoked.
(1) Where the court is satisfied—
(a) that it has power to make an administration order with respect to the debtor concerned; and
(b) that the addition of a composition provision would be a more satisfactory way of dealing with the case,
it may make an administration order subject to such a provision.
(2) Where, at any time while an administration order is in force—
(a) the debtor has not discharged the debts to which that order relates; and
(b) the court considers that he is unlikely to be able to discharge them,
the court may add a composition provision to that order.
(3) A composition provision shall specify an amount to which the debtor’s total indebtedness in respect of debts owed to creditors scheduled to the administration order is to be reduced.
(4) The amount of the debt owed to each of the creditors so scheduled shall be reduced in proportion to the reduction in his total indebtedness specified by the composition provision.
(5) Where a composition provision is added to an administration order after the order is made, section 113(a) shall apply as if the addition of the composition provision amounted to the making of a new administration order.”
(1) Section 63 of the [1984 c. 28.] County Courts Act 1984 (assessors) shall be amended as follows.
(2) The following subsections shall be substituted for subsections (1) and (2)—
“(1) In any proceedings a judge may, on the application of a party to the proceedings, summon to his assistance one or more persons—
(a) of skill and experience in the matter to which the proceedings relate; and
(b) who may be willing to sit with him and act as assessors.
(2) In any proceedings prescribed for the purposes of this subsection a judge may summon to his assistance one or more such persons even though no application has been made for him to do so.
(2A) In any proceedings prescribed for the purposes of this subsection a district judge may, on the application of a party to the proceedings, summon to his assistance one or more such persons.
(2B) In any proceedings prescribed for the purposes of this subsection a district judge may summon to his assistance one or more such persons even though no application has been made for him to do so.
(2C) The summons shall be made in such manner as may be prescribed.”
(3) For subsection (4) there shall be substituted—
“(4) In such cases as may be specified by order made by the Lord Chancellor with the consent of the Treasury, the remuneration of any assessor summoned under this section shall be paid, at such rate as may be so specified, out of money provided by Parliament.
(4A) Any power to make an order under subsection (4) shall be exercisable by statutory instrument subject to annulment by resolution of either House of Parliament.”
(1) In section 138 of the [1981 c. 54.] Supreme Court Act 1981 (effect of writs of execution against goods), the following subsection shall be inserted after subsection (3)—
“(3A) Every sheriff or officer executing any writ of execution issued from the High Court against the goods of any person may by virtue of it seize—
(a) any of that person’s goods except—
(i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;
(ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family; and
(b) any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to that person.”
(2) In section 89(1) of the [1984 c. 28.] County Courts Act 1984 (goods which may be seized under any warrant of execution), the following paragraph shall be substituted for paragraph (a)—
“(a) any of that person’s goods except—
(i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;
(ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family;”.
(3) Where a person takes steps to enforce a judgment or order of the High Court or a county court for the payment of any sum due, the costs of any previous attempt to enforce that judgment shall be recoverable to the same extent as if they had been incurred in the taking of those steps.
(4) Subsection (3) shall not apply in respect of any costs which the court considers were unreasonably incurred (whether because the earlier attempt was unreasonable in all the circumstances of the case or for any other reason).
(1) Section 75 of the County Courts Act 1984 (county court rules) is amended as follows.
(2) In subsection (3), the following paragraph shall be substituted for paragraph (d)—
“(d) prescribing cases in which—
(i) any jurisdiction of a county court is to be exercised by a district judge of a county court or by some other officer of the court;
(ii) any functions of a judge of a county court are to be discharged by a district judge of a county court or some other officer of the court;
(iii) any functions of a district judge of a county court are to be discharged by some other officer of the court;
(iv) any such jurisdiction may be so exercised or any such functions may be so discharged; or”.
(3) The following subsection shall be inserted after subsection (6)—
“(6A) County court rules may—
(a) to any extent (and with or without modification) apply any rules of court, or other provision—
(i) made by or under any enactment; and
(ii) relating to the practice or procedure of any other court,
to the practice or procedure of county courts; and
(b) amend or repeal any statutory provision relating to the practice or procedure of county courts so far as may be necessary in consequence of any provision made by the rules.
Rules made by virtue of this subsection applying any provisions may apply them as amended from time to time.”
Courts and Legal Services Act 1990