22 May 2012

Issue: 7514 / Categories: Legislation

Tribunals, Courts and Enforcement Act 2007 (Commencement No 8) Order 2012 (SI 2012/1312)

The Order brings into force the Tribunals, Courts and Enforcement Act 2007, ss 93, 94.

Enabling Power

Tribunals, Courts and Enforcement Act 2007, s 148(5)

Summary

Purpose

Both provisions amend the Charging Orders Act 1979 (the 1979 Act).

What’s Changing?

Section 93 is brought into force on 1 October 2012. It amends the 1979 Act so that where a debtor is required by a county court or High Court order to pay a sum by instalments, a charging order may be made even though there has been no default in payment, but:

the court must take the fact there has been no default into account in deciding whether to make the order; and
an order for sale to enforce the charging order may in any event not be made where there has been no default in payment.

Section 94 is brought into force on 17

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Tribunals, Courts and Enforcement Act 2007 (Commencement No 8) Order 2012 (SI 2012/1312)

The Order brings into force the Tribunals, Courts and Enforcement Act 2007, ss 93, 94.

Enabling Power

Tribunals, Courts and Enforcement Act 2007, s 148(5)

Summary

Purpose

Both provisions amend the Charging Orders Act 1979 (the 1979 Act).

What’s Changing?

the court must take the fact there has been no default into account in deciding whether to make the order; and
an order for sale to enforce the charging order may in any event not be made where there has been no default in payment.

Section 94 is brought into force on 17

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Tribunals, Courts and Enforcement Act 2007 (Commencement No 8) Order 2012 (SI 2012/1312)

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Morgan Lewis—David A. McManus

Burges Salmon—Rebecca Wilsker