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Textual Amendments
F1Pt. 72 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 3 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
Modifications etc. (not altering text)
C1Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
C2Pt. 72 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
C3Pt. 72 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.24 (with rules 2.1, 33.1(1)) (as amended by S.I. 2014/667, rules 1, 423 (with rule 45)
C4Pt. 72 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(c), 24.6(1)
72.7—(1) If—
(a)a judgment debtor is an individual;
(b)he is prevented from withdrawing money from his account with a bank or building society as a result of an interim third party debt order; and
(c)he or his family is suffering hardship in meeting ordinary living expenses as a result,
the court may, on an application by the judgment debtor, make an order permitting the bank or building society to make a payment or payments out of the account (“a hardship payment order”).
(2) An application for a hardship payment order may be made—
(a)in High Court proceedings, at the Royal Courts of Justice or to any district registry; and
(b)in [F2County Court] proceedings, to any [F3County Court hearing centre].
(3) A judgment debtor may only apply to one court for a hardship payment order.
(4) An application notice seeking a hardship payment order must—
(a)include detailed evidence explaining why the judgment debtor needs a payment of the amount requested; and
(b)be verified by a statement of truth.
(5) Unless the court orders otherwise, the application notice—
(a)must be served on the judgment creditor at least 2 days before the hearing; but
(b)does not need to be served on the third party.
(6) A hardship payment order may—
(a)permit the third party to make one or more payments out of the account; and
(b)specify to whom the payments may be made.]
Textual Amendments
F2Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(ii); S.I. 2014/954, art. 2(a)
F3Words in rule 72.7(2)(b) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 32(b) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)