Senior Courts Act 1981

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Senior Courts Act 1981

Changes over time for: Section 40A

Alternative versions:

Status:

Point in time view as at 28/03/2009.

Changes to legislation:

Senior Courts Act 1981, Section 40A is up to date with all changes known to be in force on or before 28 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.

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[F140A Administrative and clerical expenses of garnishees.E+W

[F2(1)Where an [F3interim third party debt order] made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on [F4a 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 [F5its administrative and clerical expenses] in complying with the order; and the right F6. . . to make a deduction under this subsection shall be exercisable as from the time the [F3interim third party debt order] is served on it.

(1A)In subsection (1) “the relevant debt or debts”, in relation to an [F3interim third party debt order] served on [F7a deposit-taker], means the amount, as at the time the order is served on [F8it], 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)[F9An amount may not in pursuance of subsection (1)] be deducted or, as the case may be, retained in a case where, by virtue of [F10section 346 of the Insolvency Act M1 1986] or [F11section][F12183 of the Insolvency Act 1986] or otherwise, the creditor is not entitled to retain the benefit of the attachment.

(3)In this section—

[F13“deposit-taker” has the given by section 40(6);] and
“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; . . . F14

(b)without prejudice to the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.

[F15(c)may provide for this section not to apply to [F16deposit-takers] 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.]

Textual Amendments

F1S. 40A inserted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 55(1), Sch. 4 Pt. I

F2S. 40A(1)(1A)(1B) substituted for s. 40A(1) by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(2), 69(5), Sch. 9 para. 11(2)

F3Words in s. 40A(1)(1A) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 6

F4Words in s. 40A(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(2)(a)

F5Words in s. 40A(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(2)(b)

F6Words in s. 40A(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 291(2)(c)

F7Words in s. 40A(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(3)(a)

F8Words in s. 40A(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(3)(b)

F9Words substituted by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(3) 69(5), Sch. 9 para. 11(2)