Valid from 17/05/2012

Part 4 E+W Enforcement of judgments and orders

Prospective

Information requests and orders E+W

96 Action by the court E+W

(1) This section applies if the creditor in relation to a judgment debt makes an application for information under section 95.

(2) The relevant court may make one or more of the following in relation to the debtor—

(a) a departmental information request;

(b) an information order.

(3) The relevant court may exercise its powers under subsection (2) only if it is satisfied that to do so will help it to deal with the creditor's application.

(4) Before exercising its powers under subsection (2), the relevant court must give notice to the debtor that the court intends to make a request or order.

(5) The relevant court may not make a departmental information request to the Commissioners unless regulations are in force that have been made under section 102(4) and (7) and relate to the use or disclosure of debtor information disclosed by the Commissioners.

(6) The relevant court may disclose such information (including information identifying the debtor) as it considers necessary to assist the recipient of a request or order to comply with the request or order.

(7) A disclosure under subsection (6) is not to be taken to breach any restriction on the disclosure of information (however imposed).

(8) Nothing in this section is to be taken to prejudice any power that exists apart from this section to request or order the disclosure of information.