Charging Orders Act 1979 (c. 53)

Supplemental E+W

6 Interpretation. E+W

(1) In this Act—

• “building society” has the same meaning as in the M1 Building Societies Act [F1 1986];

• “charging order” means an order made under section 1(1) of this Act;

• “debtor” and “creditor” have the meanings given by section 1(1) of this Act;

• “dividend” includes any distribution in respect of any unit of a unit trust;

• “government stock” means any stock issued by Her Majesty’s government in the United Kingdom or any funds of, or annuity granted by, that government;

• “stock” includes shares, debentures and any securities of the body concerned, whether or not constituting a charge on the assets of that body;

• “unit trust” means any trust established for the purpose, or having the effect, of providing, for persons having funds available for investment, facilities for the participation by them, as beneficiaries under the trust, in any profits or income arising from the acquisition, holding, management or disposal of any property whatsoever.

(2) For the purposes of [F2 sections 1 and 3] of this Act references to a judgment or order of the High Court [F3 or the family court] or [F4 the county court] shall be taken to include references to a judgment, order, decree or award (however called) of any court or arbitrator (including any foreign court or arbitrator) which is or has become enforceable (whether wholly or to a limited extent) as if it were a judgment or order of the High Court [F3 or the family court] or [F4 the county court].

(3) References in section 2 of this Act to any securities include references to any such securities standing in the name of the Accountant General.

Textual Amendments

F1 Words substituted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120, Sch. 18 Pt. I para. 14

F2 Words in s. 6(2) substituted (1.10.2012) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 93(4)(6), 148; S.I. 2012/1312, art. 3

F3 Words in s. 6(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 38(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Words in s. 6(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal Citations

M1 1986 c. 53(16).

7 Consequential amendment, repeals and transitional provisions. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(3) Any order made or notice given under any enactment repealed by this Act or under any rules of court revoked by rules of court made under this Act (the “new rules”) shall, if still in force when the provisions of this Act or, as the case may be, the new rules come into force, continue to have effect as if made under this Act, or, as the case may be, under the new rules.

(4) F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 7(1) repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

F6 S. 7(2) repealed by virtue of Supreme Court Act 1981 (c. 54, SIF 37), s. 153(2), Sch. 7 and by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

F7 S. 7(4) repealed (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

8 Short title, commencement and extent. E+W

(1) This Act may be cited as the Charging Orders Act 1979.

(2) This Act comes into force on such day as the Lord Chancellor may appoint by order made by statutory instrument.

(3) This Act does not extend to Scotland or Northern Ireland.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 8(2) fully exercised: 3. 6. 1980 appointed by S.I. 1980/627