The Civil Procedure Rules 1998

Status:

Point in time view as at 07/08/2021.

Changes to legislation:

There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Paragraph Rule 13A.

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Review by court officer in default of paymentE+W

Rule 13A—(1) Where it appears that the debtor is failing to make payments in accordance with the order, the court officer shall (either of [F1the court officer’s] own initiative or on the application of a creditor whose debt is scheduled to the administration order) send a notice to the debtor—

(a)informing [F2the debtor] of the amounts which are outstanding; and

(b)requiring [F3the debtor] (within 14 days of service of the notice upon [F3the debtor]) to

(i)make the payments as required by the order; or

(ii)explain [F4the] reasons for failing to make the payments; and

(iii)make a proposal for payment of the amounts outstanding, or

(iv)make a request to vary the order.

(2) If the debtor does not comply with paragraph (1)(b) within the time stated, the court officer shall revoke the administration order.

(3) [F5If a debtor gives notice under paragraph (1)(b)(ii), (iii) or (iv), the court may—]

(a)without requiring the attendance of the parties—

(i)revoke the administration order or vary it so as to provide for payment of the debts included in the order in full or to such extent and within such a period as appears practicable in the circumstances of the case; or

(ii)suspend the operation of the administration order for such time and on such terms as [F6it] thinks fit; or

(b)require the court officer to fix a day for the review of the administration order and to give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

(4) Any party affected by an order made under paragraph (2) or (3)(a) may, within 14 days of service of the order on [F7them] and giving [F8their] reasons, apply on notice for the [F9court] to consider the matter afresh and the court officer shall fix a day for the hearing of the application F10... and give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

(5) On hearing an application under paragraph (4), the [F11court] may confirm the order or set it aside and make such new order as [F12it] thinks fit and the order so made shall be entered in the records of the court.

Textual Amendments

F1Words in Sch. 2 CCR Order 39 rule 13A(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(aa) (with rule 25)

F2Words in Sch. 2 CCR Order 39 rule 13A(1)(a) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(bb) (with rule 25)

F3Words in Sch. 2 CCR Order 39 rule 13A(1)(b) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(bb) (with rule 25)

F4Word in Sch. 2 CCR Order 39 rule 13A(1)(b)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(cc) (with rule 25)

F5Words in Sch. 2 CCR Order 39 rule 13A(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(ii)(aa) (with rule 25)

F6Word in Sch. 2 CCR Order 39 rule 13A(3)(a)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(ii)(bb) (with rule 25)

F7Word in Sch. 2 CCR Order 39 rule 13A(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(aa) (with rule 25)

F8Word in Sch. 2 CCR Order 39 rule 13A(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(bb) (with rule 25)

F9Word in Sch. 2 CCR Order 39 rule 13A(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(cc) (with rule 25)

F10Words in Sch. 2 CCR Order 39 rule 13A(4) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(dd) (with rule 25)

F11Word in Sch. 2 CCR Order 39 rule 13A(5) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iv)(aa) (with rule 25)