Administration of Justice Act 1970

29 Extension of county court's power to make administration order

(1) Where, on an application to a county court for an attachment of earnings order to secure the payment of a judgment debt, it appears to the court that the debtor also has other debts, the court—

(a) shall consider whether the case may be one in which all the debtor's liabilities should be dealt with together and that for that purpose an order should be made for the administration of his estate ; and

(b) if of opinion that it may be such a case, shall have power (whether or not it makes the attachment of earnings order applied for), with a view to making an administration order, to order the debtor to furnish to the court a list of all his creditors and the amounts which he owes to them respectively.

(2) If, on receipt of the list referred to in subsection (1)(b) above, it appears to the court that the debtor's whole indebtedness amounts to not more than the amount for the time being specified in section 148(1) (b) of the [1959 c. 22.] County Courts Act 1959 (limit of total indebtedness governing county court's power to make administration order on application of debtor), the court may make such an order in respect of the debtor's estate, subject however to section 20(3) of the [1965 c. 2.] Administration of Justice Act 1965 (which requires that, before such an order is made, notice is to be given to all the creditors and thereafter restricts the right of any creditor to institute bankruptcy proceedings).

(3) Where under subsection (1) above a county court orders a person to furnish to it a list of all his creditors, the making of the order shall, for the purposes of the [1914 c. 59.] Bankruptcy Act 1914, be an act of bankruptcy by him.

(4) Nothing in this section is to be taken as prejudicing any right of a debtor to apply, under section 148 of the [1959 c. 22.] County Courts Act 1959, for an administration order.

(5) In Part VII of the said Act of 1959 (administration orders)—

(a) in section 153 (appropriation of money paid under administration order), paragraph (a) (which requires appropriation first in satisfaction of the plaintiff's costs) shall be omitted and, for the word " next " there shall be substituted the word " first "; and

(b) in section 156(1) (power of Lord Chancellor to make rules about administration orders), after the words " the objects of this Part of this Act" there shall be inserted the words " and section 29 of the Administration of Justice Act 1970 ".