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Changes over time for: Section 100
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.
Status:
Point in time view as at 01/09/2021. This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
Changes to legislation:
Tribunals, Courts and Enforcement Act 2007, Section 100 is up to date with all changes known to be in force on or before 06 January 2025. 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.
Prospective
100Information order: required information not held etc.E+W
This section has no associated Explanatory Notes
(1)An information discloser is not to be regarded as having breached an information order because of a failure to disclose some or all of the required information, if that failure is for one of the permitted reasons.
(2)These are the permitted reasons—
(a)the information provider does not hold the information;
(b)the information provider is unable to ascertain whether the information is held, because of the way in which the information order identifies the debtor;
(c)the disclosure of the information would involve the information discloser in unreasonable effort or expense.
(3)It is to be presumed that a failure to disclose required information is for a permitted reason if—
(a)the information discloser gives the relevant court a certificate that complies with subsection (4), and
(b)there is no evidence that the failure is not for a permitted reason.
(4)The certificate must state—
(a)which of the required information is not being disclosed;
(b)what the permitted reason is, or permitted reasons are, for the failure to disclose that information.
(5)Any reference in this section to the information discloser holding, or not holding, information includes a reference to the information being held, or not being held, on the information discloser's behalf.
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