109 Administrative and clerical expenses of garnishees.E+W
[F1(1)Where an [F2interim third party debt order] made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on [F3a 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 [F3its administrative and clerical expenses] of the institution in complying with the order; and the right F4. . . to make a deduction under this subsection shall be exercisable as from the time the [F5interim third party debt order] is served on it.
(1A)In subsection (1) “the relevant debt or debts”, in relation to an [F6interim third party debt order] served on [F7a deposit-taker], means the amount, as at the time the order is served on [F7it], 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)[F8An amount may not in pursuance of subsection (1)]be deducted or, as the case may be, retained in a case where by virtue of [F9section [F10346 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; . . . F11
(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.
[F12(c)may provide for this section not to apply to [F13deposit-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.
Textual Amendments
F1S. 109(1),(1A),(1B) substituted for subsection (1) by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(2), 65(9), Sch. 9 para. 11(2)
F2Words in s. 109(1) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 7
F3Words in s. 109(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 295(2)(a)(b)
F4Words in s. 109(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 295(2)(c)
F5Words in s. 109(1) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 7
F6Words in s. 109(1A) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 7
F7Words in s. 109(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 295(3)(a)(b)
F8Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(3), 69(5), Sch. 9 para. 11(2)
F9Words substituted by virtue of Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 38(4), Sch. 9 para. 11(2)
F10Words substituted by virtue of Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
F11Word repealed by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(4), 67(2), 69(5), Sch. 8 Pt. II, Sch. 9 para. 11(2)
F12S. 109(4)(c) inserted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(4), 69(5), Sch. 9 para. 11(2)
F13Words in s. 109(4)(c) substituted (1.12.2001) by virtue of S.I. 2001/3649, arts. 1, 295(4)
Marginal Citations
M11986 c. 45 (66)