Part IX Judicial Control
Miscellaneous
142 Power to declare rights of parties.
1
Where under any provision of this Act a thing can be done by a creditor or owner on an enforcement order only, and either—
a
the court dismisses (except on technical grounds only) an application for an enforcement order, or
b
where no such application has been made or such an application has been dismissed on technical grounds only, an interested party applies to the court for a declaration under this subsection,
the court may if it thinks just make a declaration that the creditor or owner is not entitled to do that thing, and thereafter no application for an enforcement order in respect of it shall be entertained.
2
Where—
a
a regulated agreement or linked transaction is cancelled under section 69(1), or becomes subject to section 69(2), or
b
a regulated agreement is terminated under section 91,
and an interested party applies to the court for a declaration under this subsection, the court may make a declaration to that effect.