Part VIII Security

Negotiable instruments

124 Consequences of breach of s. 123.

1

After any contravention of section 123 has occurred in relation to a sum payable as mentioned in section 123(1)(a), the agreement under which the sum is payable is enforceable against the debtor or hirer on an order of the court only.

2

After any contravention of section 123 has occurred in relation to a sum payable by any surety, the security is enforceable on an order of the court only.

3

Where an application for an order under subsection (2) is dismissed (except on technical grounds only) section 106 shall apply to the security.