- Latest available (Revised)
- Point in Time (28/03/2009)
- Original (As enacted)
Senior Courts Act 1981
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 40A
Alternative versions:
- 01/02/1991- Amendment
- 01/12/2001- Amendment
- 25/03/2002- Amendment
- 28/03/2009
Point in time
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Point in time view as at 28/03/2009.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 01 December 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.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[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
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)
F10Words substituted by virtue of Insolvency Act 1985 (c. 65, SIF 66), s. 235(1) Sch. 8 para. 35 and Insolvency Act 1986 (c.45, SIF 66), s. 439(2), Sch. 11 para. 9, Sch. 14
F11Word substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), ss. 21, 23, 30, 31(8), Sch. 2
F12Words substituted by virtue of Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), ss. 21, 23, 30, 31(8), Sch. 2 and Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
F13Definition of
“deposit-taker”
in s. 40A(3) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(4)
F14Word repealed by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(4), 67(2), 69(5), Sch. 8 Pt. II, Sch. 9 para. 11(2)
F15Words inserted by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(4), 69(5), Sch. 9 para. 11(2)
F16Words in s. 40A(4)(c) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(5)
Marginal Citations
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThe Whole Cross Heading
PrintThis Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.