C1C2C3C4F1PART 72THIRD PARTY DEBT ORDERS
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
Pt. 72 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
Pt. 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)
Pt. 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)
C2Effect of final third party order72.9
1
A final third party debt order shall be enforceable as an order to pay money.
2
If—
a
the third party pays money to the judgment creditor in compliance with a third party debt order; or
b
the order is enforced against him,
the third party shall, to the extent of the amount paid by him or realised by enforcement against him, be discharged from his debt to the judgment debtor.
3
Paragraph (2) applies even if the third party debt order, or the original judgment or order against the judgment debtor, is later set aside.
Pt. 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))