C1C2C3F1PART 73CHARGING ORDERS, STOP ORDERS AND STOP NOTICES

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Pt. 73 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.25 (with rules 2.1, 33.1(1)) (as amended (22.4.2014) by S.I. 2014/667, rules 1, 43 (with rule 45)

Scope of this Part and interpretationF273.1

1

This Part contains rules which provide for a judgment creditor to enforce a judgment by obtaining—

a

a charging order (Section I);

b

a stop order (Section II); or

c

a stop notice (Section III),

over or against the judgment debtor’s interest in an asset.

2

In this Part—

a

“the 1979 Act” means the Charging Orders Act 1979;

b

“the 1992 Regulations” means the Council Tax (Administration and Enforcement) Regulations 1992;

c

“judgment debtor’s home court” means—

i

if the application for a charging order is proceeding in the County Court—

aa

in the case of an application under the 1992 Regulations, the County Court hearing centre for the district in which the relevant dwelling (as defined in regulation 50(3)(b) of those Regulations) is situated; or

bb

in other cases, the County Court hearing centre for the district in which the judgment debtor resides or carries on business; or

ii

if the application for a charging order is proceeding in the High Court, the district registry for the district in which the judgment debtor resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;

F3ca

“final charging order” means an order confirming that a charge imposed by an interim charging order continues;

d

“funds in court” includes securities held in court;

e

“interim charging order” means an interim charging order made in accordance with rule 73.4(5), 73.4(6) or 73.6(3);

F4ea

“legal adviser” means a court officer assigned to the county court who is—

i

a barrister;

ii

a solicitor; or

iii

a Fellow of the Chartered Institute of Legal Executives,

who may exercise the jurisdiction of the county court with regard to matters set out in this Part to the extent specified in this Part, with the consent of the Designated Civil Judge for Greater Manchester, or their nominee;

f

“securities” means securities of any of the kinds specified in section 2(2)(b) of the 1979 Act.