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County Courts Act 1984

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Changes over time for: Section 109

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Version Superseded: 25/03/2002

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Point in time view as at 01/12/2001. This version of this provision has been superseded. Help about Status

Changes to legislation:

County Courts Act 1984, Section 109 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

109 Administrative and clerical expenses of garnishees.E+W

[F1(1)Where an order nisi made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on [F2a 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 [F2its administrative and clerical expenses] of the institution in complying with the order; and the right F3. . . to make a deduction under this subsection shall be exercisable as from the time the order nisi is served on it.

(1A)In subsection (1) “the relevant debt or debts”, in relation to an order nisi served on [F4a deposit-taker], means the amount, as at the time the order is served on [F4it], 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)[F5An amount may not in pursuance of subsection (1)]be deducted or, as the case may be, retained in a case where by virtue of [F6section [F7346 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; . . . F8

(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.

[F9(c)may provide for this section not to apply to [F10deposit-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.

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