Tribunals, Courts and Enforcement Act 2007

(15A) (1) If an attachment of earnings order lapses under section 9(4), the proper authority may request the Commissioners— (a) to disclose whether it appears to the Commissioners that the debtor has a current employer, and (b) if it appears to the Commissioners that the debtor has a current employer, to disclose the name and address of that employer. (2) The proper authority may make a request under subsection (1) only for the purpose of enabling the lapsed order to be directed to the debtor's current employer. (3) The proper authority may not make a request under subsection (1) unless regulations under section 15B(5) and (8) are in force. (4) The proper authority may disclose such information (including information identifying the debtor) as it considers necessary to assist the Commissioners to comply with a request under subsection (1). (5) The Commissioners may disclose to the proper authority any information (whether held by the Commissioners or on their behalf) that the Commissioners consider is necessary to comply with a request under subsection (1). (6) A disclosure under subsection (4) or (5) is not to be taken to breach any restriction on the disclosure of information (however imposed). (7) Nothing in this section is to be taken to prejudice any power to request or disclose information that exists apart from this section. (8) The reference in subsection (5) to information held on behalf of the Commissioners includes a reference to any information which— (a) is held by a person who provides services to the Commissioners, and (b) is held by that person in connection with the provision of those services. (15B) (1) This section applies if the Commissioners make a disclosure of information (“debtor information”) under section 15A(5). (2) A person to whom the debtor information is disclosed commits an offence if— (a) he uses or discloses the debtor information, and (b) the use or disclosure is not authorised by subsection (3), (5), (6) or (7). (3) The use or disclosure of the debtor information is authorised if it is— (a) for a purpose connected with the enforcement of the lapsed order (including the direction of the order to the debtor's current employer), and (b) with the consent of the Commissioners. (4) Consent for the purposes of subsection (3) may be given— (a) in relation to particular use or a particular disclosure, or (b) in relation to use, or a disclosure made, in such circumstances as may be specified or described in the consent. (5) The use or disclosure of the debtor information is authorised if it is— (a) in accordance with an enactment or an order of court, or (b) for the purposes of any proceedings before a court, and it is in accordance with regulations. (6) The use or disclosure of the debtor information is authorised if the information has previously been lawfully disclosed to the public. (7) The use or disclosure of the debtor information is authorised if it is in accordance with rules of court that comply with regulations under subsection (8). (8) Regulations may make provision about the circumstances, if any, in which rules of court may allow any of the following— (a) access to, or the supply of, debtor information; (b) access to, or the supply of copies of, any attachment of earnings order which has been directed to an employer using debtor information. (9) It is a defence for a person charged with an offence under subsection (2) to prove that he reasonably believed that the disclosure was lawful. (10) A person guilty of an offence under subsection (2) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine, or to both; (b) on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum, or to both. (15C) (1) It is for the Lord Chancellor to make regulations under section 15B. (2) But the Lord Chancellor may make regulations under section 15B only with the agreement of the Commissioners. (3) Regulations under section 15B are to be made by statutory instrument. (4) A statutory instrument containing regulations under section 15B may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (15D) (1) For the purposes of sections 15A to 15C (and this section)— - “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs; - “information” means information held in any form; - “the lapsed order” means the attachment of earnings order referred to in section 15A(1); - “the proper authority” is determined in accordance with subsections (2) to (5). (2) If the lapsed order was made by the High Court, the proper authority is the High Court. (3) If the lapsed order was made by the county court, the proper authority is the county court. (4) If the lapsed order was made by a magistrates' court under this Act, the proper authority is— (a) a magistrates' court, or (b) the designated officer for a magistrates' court. (5) If the lapsed order was made by a magistrates' court or a fines officer under Schedule 5 to the Courts Act 2003, the proper authority is— (a) a magistrates' court, or (b) a fines officer.

• (2) This section applies in relation to any attachment of earnings order, whether made before or after the commencement of this section.

• (3) In relation to an offence committed before 2 May 2022, the reference in section 15B(10)(b) of the Attachment of Earnings Act 1971 (c. 32) to 12 months is to be read as a reference to 6 months.

Charging orders

Payment by instalments: making and enforcing charging orders

93

• (1) Subsections (2), (3) and (4) make amendments to the Charging Orders Act 1979 (c. 53).

• (2) In section 1 (charging orders), after subsection (5) insert—

(6) Subsections (7) and (8) apply where, under a judgment or order of the High Court or the county court, a debtor is required to pay a sum of money by instalments. (7) The fact that there has been no default in payment of the instalments does not prevent a charging order from being made in respect of that sum. (8) But if there has been no default, the court must take that into account when considering the circumstances of the case under subsection (5).

• (3) In section 3 (provisions supplementing sections 1 and 2), after subsection (4) insert—

(4A) Subsections (4C) to (4E) apply where— (a) a debtor is required to pay a sum of money in instalments under a judgment or order of the High Court or the county court (an “instalments order”), and (b) a charge has been imposed by a charging order in respect of that sum. (4B) In subsections (4C) to (4E) references to the enforcement of a charge are to the making of an order for the enforcement of the charge. (4C) The charge may not be enforced unless there has been default in payment of an instalment under the instalments order. (4D) Rules of court may— (a) provide that, if there has been default in payment of an instalment, the charge may be enforced only in prescribed cases, and (b) limit the amounts for which, and the times at which, the charge may be enforced. (4E) Except so far as otherwise provided by rules of court under subsection (4D)— (a) the charge may be enforced, if there has been default in payment of an instalment, for the whole of the sum of money secured by the charge and the costs then remaining unpaid, or for such part as the court may order, but (b) the charge may not be enforced unless, at the time of enforcement, the whole or part of an instalment which has become due under the instalments order remains unpaid.

• (4) In section 6(2) (meaning of references to judgment or order of High Court or county court), for “section 1” substitute “ sections 1 and 3 ”.

• (5) In section 313(4) of the Insolvency Act 1986 (c. 45) (charge on bankrupt's home: certain provisions of section 3 of Charging Orders Act 1979 to apply), for the words before “section 3” substitute “ Subsection (1), (2), (4), (5) and (6) of ”.

• (6) This section does not apply in a case where a judgment or order of the High Court or the county court under which a debtor is required to pay a sum of money by instalments was made, or applied for, before the coming into force of this section.

Charging orders: power to set financial thresholds

94

In the Charging Orders Act 1979 (c. 53), after section 3 there is inserted—

(3A) (1) The Lord Chancellor may by regulations provide that a charge may not be imposed by a charging order for securing the payment of money of an amount below that determined in accordance with the regulations. (2) The Lord Chancellor may by regulations provide that a charge imposed by a charging order may not be enforced by way of order for sale to recover money of an amount below that determined in accordance with the regulations. (3) Regulations under this section may— (a) make different provision for different cases; (b) include such transitional provision as the Lord Chancellor thinks fit. (4) The power to make regulations under this section is exercisable by statutory instrument. (5) The Lord Chancellor may not make the first regulations under subsection (1) or (2) unless (in each case) a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament. (6) A statutory instrument containing any subsequent regulations under those subsections is subject to annulment in pursuance of a resolution of either House of Parliament.

Information requests and orders

Application for information about action to recover judgment debt

95

• (1) A person who is the creditor in relation to a judgment debt may apply to the High Court , the family court or the county court for information about what kind of action it would be appropriate to take in court to recover that particular debt.

• (2) An application under subsection (1) must comply with any provision made in regulations about the making of such applications.

Action by the court

96

• (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.

Departmental information requests

97

• (1) A departmental information request is a request for the disclosure of information held by, or on behalf of, a government department.

• (2) The request is to be made to the Minister of the Crown, or other person, who is in charge of the department.

• (3) In the case of a request made to the designated Secretary of State, the disclosure of some or all of the following information may be requested—

• (a) the full name of the debtor;

• (b) the address of the debtor;

• (c) the date of birth of the debtor;

• (d) the national insurance number of the debtor;

• (e) prescribed information.

• (4) In the case of a request made to the Commissioners, the disclosure of some or all of the following information may be requested—

• (a) whether or not the debtor is employed;

• (b) the name and address of the employer (if the debtor is employed);

• (c) the national insurance number of the debtor;

• (d) prescribed information.

• (5) In the case of any other request, the disclosure of prescribed information may be requested.

• (6) In this section—

• “designated Secretary of State” means the Secretary of State designated for the purpose of this section by regulations;

• “government department” does not include the following—any part of the Scottish Administration;a Northern Ireland department;the Welsh Assembly Government or any member of staff appointed under section 52 of the Government of Wales Act 2006 (c. 32);

• “prescribed information”, in relation to a departmental information request, means information that falls within the category or categories of information (if any) prescribed by regulations in relation to the department to which the request relates.

Information orders

98

• (1) An information order is an order of the relevant court which—

• (a) specifies a prescribed person (“the information discloser”),

• (b) specifies prescribed information relating to the debtor (“the required information”), and

• (c) orders the information discloser to disclose the required information to the relevant court.

• (2) In subsection (1) “prescribed” means prescribed in regulations.

• (3) Regulations under this section may be made by reference to—

• (a) particular persons or particular descriptions of person (or both);

• (b) particular information or particular descriptions of information (or both).

• (4) Regulations may, in particular, be made under this section so as to ensure that—

• (a) an information order made against a particular person, or a person of a particular description, may order that person to disclose only particular information, or information of a particular description;

• (b) an information order that orders the disclosure of particular information, or information of a particular description, may only be made against a particular person, or a person of a particular description.

• (5) Regulations under this section must not make provision that would allow the relevant court to order—

• (a) the disclosure of information by the debtor, or

• (b) the disclosure of information held by, or on behalf of, a government department.

Responding to a departmental information request

99

• (1) This section applies if the relevant court makes a departmental information request.

• (2) The recipient of the request may disclose to the relevant court any information (whether held by the department or on its behalf) that the recipient considers is necessary to comply with the request.

• (3) A disclosure under subsection (2) is not to be taken to breach any restriction on the disclosure of information (however imposed).

• (4) Nothing in this section is to be taken to prejudice any power that exists apart from this section to disclose information.

Information order: required information not held etc.

100

• (1) An information discloser is not to be regarded as having breached an information order because of a failure to disclose some or all of the required information, if that failure is for one of the permitted reasons.

• (2) These are the permitted reasons—

• (a) the information provider does not hold the information;

• (b) the information provider is unable to ascertain whether the information is held, because of the way in which the information order identifies the debtor;

• (c) the disclosure of the information would involve the information discloser in unreasonable effort or expense.

• (3) It is to be presumed that a failure to disclose required information is for a permitted reason if—

• (a) the information discloser gives the relevant court a certificate that complies with subsection (4), and

• (b) there is no evidence that the failure is not for a permitted reason.

• (4) The certificate must state—

• (a) which of the required information is not being disclosed;

• (b) what the permitted reason is, or permitted reasons are, for the failure to disclose that information.

• (5) Any reference in this section to the information discloser holding, or not holding, information includes a reference to the information being held, or not being held, on the information discloser's behalf.

Using the information about the debtor

101

• (1) This section applies if—

• (a) the creditor in relation to a judgment debt makes an application for information under section 95, and

• (b) information (“debtor information”) is disclosed to the relevant court in compliance with a request or order made under section 96.

• (2) The relevant court may use the debtor information for the purpose of making another request or order under section 96 in relation to the debtor.

• (3) The relevant court may use the debtor information for the purpose of providing the creditor with information about what kind of action (if any) it would be appropriate to take in court (whether the relevant court or another court) to recover the judgment debt.

• (4) If the creditor takes any action in the relevant court to recover the judgment debt, the relevant court may use the debtor information in carrying out functions in relation to that action.

• (5) If the creditor takes any action in another court to recover the judgment debt—

• (a) the relevant court may disclose the debtor information to the other court, and

• (b) the other court may use that information in carrying out functions in relation to that action.

• (6) Debtor information may be used or disclosed under any of subsections (3) to (5) only if—

• (a) regulations about such use or disclosure of information are in force, and

• (b) the use or disclosure complies with those regulations.

• (7) In addition, if the debtor information was disclosed by the Commissioners, the information may be used or disclosed under any of subsections (3) to (5) only with the consent of the Commissioners.

• (8) Consent for the purposes of subsection (7) may be given—

• (a) in relation to particular use or a particular disclosure, or

• (b) in relation to use, or a disclosure made, in such circumstances as may be specified or described in the consent.

• (9) The use or disclosure of information in accordance with this section is not to be taken to breach any restriction on the use or disclosure of information (however imposed).

• (10) Nothing in this section is to be taken to prejudice any power that exists apart from this section to use or disclose information.

Offence of unauthorised use or disclosure

102

• (1) This section applies if—

• (a) an application is made under section 95 in relation to recovery of a judgment debt (“the relevant judgment debt”),

• (b) a departmental information request or an information order is made in consequence of that application, and

• (c) information (“debtor information”) is disclosed in accordance with the request or order.

• (2) A person to whom the debtor information is disclosed commits an offence if he—

• (a) uses or discloses the debtor information, and

• (b) the use or disclosure is not authorised by any of subsections (3) to (6).

• (3) The use or disclosure of the debtor information is authorised if it is in accordance with section 101.

• (4) The use or disclosure of the debtor information is authorised if it is—

• (a) in accordance with an enactment or order of court, or

• (b) for the purposes of any proceedings before a court,

and it is in accordance with regulations.

• (5) The use or disclosure of the debtor information is authorised if the information has previously been lawfully disclosed to the public.

• (6) The use or disclosure of the debtor information is authorised if it is in accordance with rules of court that comply with regulations under subsection (7).

• (7) Regulations may make provision about the circumstances, if any, in which rules of court may allow access to, or the supply of, information disclosed in accordance with a department information request or an information order.

• (8) It is a defence for a person charged with an offence under subsection (2) to prove that he reasonably believed that the use or disclosure was lawful.

• (9) A person guilty of an offence under subsection (2) is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

• (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum, or to both.

Regulations

103

• (1) It is for the Lord Chancellor to make information regulations.

• (2) But the Lord Chancellor may make the following regulations only with the agreement of the Commissioners—

• (a) regulations under section 97(4)(d);

• (b) regulations under section 102(4) or (7) so far as the regulations relate to the use or disclosure of debtor information disclosed by the Commissioners.

• (3) Information regulations are to be made by statutory instrument.

• (4) A statutory instrument containing information regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (5) But subsection (4) does not apply in the case of a statutory instrument that contains only—

• (a) regulations under section 95, or

• (b) regulations under section 97 which designate a Secretary of State for the purpose of that section.

• (6) In such a case, the statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) In this section “information regulations” means regulations under any of sections 95 to 102.

Interpretation

104

• (1) This section applies for the purposes of sections 95 to 103.

• (2) In those provisions—

• “Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

• “creditor”, in relation to a judgment debt, means—the person to whom the debt is payable (whether directly or through any court, an officer of any court or another person);where the debt is payable under an administration order (within the meaning of Part 6 of the County Courts Act 1984 (c. 28)), any one of the creditors scheduled to the order;

• “debtor”, in relation to a judgment debt, means the person by whom the debt is payable;

• “departmental information request” has the meaning given by section 97;

• “information” means information held in any form;

• “information discloser”, in relation to an information order, has the meaning given by section 98(1)(a);

• “information order” has the meaning given by section 98;

• “judgment debt” means either of the following—a sum which is payable under a judgment or order enforceable by the High Court , the family court or the county court;a sum which, by virtue of an enactment, is recoverable as if it were payable under a judgment or order of the High Court , the family court or of the county court (including a sum which is so recoverable because a court so orders);

• “required information”, in relation to an information order, has the meaning given by section 98(1)(b);

• “relevant court”, in relation to an application under section 95, means the court to which the application is made.

• (3) Any reference to information held on behalf of a government department, or on behalf of an information discloser, includes a reference to any information which—

• (a) is held by a person who provides services to the department or to the information discloser, and

• (b) is held by that person in connection with the provision of those services.

Application and transitional provision

105

• (1) Sections 95 to 104 apply in relation to any judgment debt, whether it became payable, or recoverable, before or after the commencement of those sections.

• (2) In relation to an offence committed before 2 May 2022, the reference in section 102(9)(b) to 12 months is to be read as a reference to 6 months.

Part 5 — Debt management and relief

Chapter 1 — Administration orders

Administration orders

106

• (1) For Part 6 of the County Courts Act 1984 (c. 28) (administration orders) substitute—

(112A) An administration order is an order— (a) to which certain debts are scheduled in accordance with section 112C, 112D or 112Y(3) or (4), (b) which imposes the requirement specified in section 112E on the debtor, and (c) which imposes the requirements specified in sections 112F to 112I on certain creditors. (112B) (1) The county court may make an administration order if the conditions in subsections (2) to (7) are met. (2) The order must be made in respect of an individual who is a debtor under two or more qualifying debts. (3) That individual (“the debtor”) must not be a debtor under any business debts. (4) The debtor must not be excluded under any of the following— (a) the AO exclusion; (b) the voluntary arrangement exclusion; (c) the bankruptcy exclusion. (5) The debtor must be unable to pay one or more of his qualifying debts. (6) The total amount of the debtor's qualifying debts must be less than, or the same as, the prescribed maximum. (7) The debtor's surplus income must be more than the prescribed minimum. (8) Before making an administration order, the county court must have regard to any representations made— (a) by any person about why the order should not be made, or (b) by a creditor under a debt about why the debt should not be taken into account in calculating the total amount of the debtor's qualifying debts. (112C) (1) This section applies to a qualifying debt (“the declared debt”) if— (a) an administration order is made, and (b) when the order is made, the debt is taken into account in calculating the total amount of the debtor's qualifying debts for the purposes of section 112B(6). (2) If the declared debt is already due at the time the administration order is made, the ... county court must schedule the debt to the order when the order is made. (3) If the declared debt becomes due after the administration order is made, the ... county court must schedule the debt to the order if the debtor, or the creditor under the debt, applies to the court for the debt to be scheduled. (4) This section is subject to section 112AG(5). (112D) (1) This section applies to a qualifying debt (“the new debt”) if the debt— (a) arises after an administration order is made, and (b) becomes due during the currency of the order. (2) The ... county court may schedule the new debt to the administration order if these conditions are met— (a) the debtor, or the creditor under the new debt, applies to the court for the debt to be scheduled; (b) the total amount of the debtor's qualifying debts (including the new debt) is less than, or the same as, the prescribed maximum. (112E) (1) An administration order must, during the currency of the order, impose a repayment requirement on the debtor. (2) A repayment requirement is a requirement for the debtor to repay the scheduled debts. (3) The repayment requirement may provide for the debtor to repay a particular scheduled debt in full or to some other extent. (4) The repayment requirement may provide for the debtor to repay different scheduled debts to different extents. (5) In the case of a new debt scheduled to the order in accordance with section 112D, the repayment requirement may provide that no due repayment in respect of the new debt is to be made until the debtor has made all due repayments in respect of declared debts. (6) The repayment requirement must provide that the due repayments are to be made by instalments. (7) It is for the ... county court to decide when the instalments are to be made. (8) But the ... county court is to determine the amount of the instalments in accordance with repayment regulations. (9) Repayment regulations are regulations which make provision for instalments to be determined by reference to the debtor's surplus income. (10) The repayment requirement may provide that the due repayments are to be made by other means (including by one or more lump sums) in addition to the instalments required in accordance with subsection (6). (11) The repayment requirement may include provision in addition to any that is required or permitted by this section. (12) In this section— - “declared debt” has the same meaning as in section 112C (and for this purpose it does not matter whether a declared debt is scheduled to the administration order when it is made, or afterwards); - “due repayments” means repayments which the repayment requirement requires the debtor to make; - “new debt” has the same meaning as in section 112D. (112F) (1) An administration order must, during the currency of the order, impose the following requirement. (2) The requirement is that no qualifying creditor of the debtor is to present a bankruptcy petition against the debtor in respect of a qualifying debt, unless the creditor has the permission of the ... county court. (3) The ... county court may give permission for the purposes of subsection (2) subject to such conditions as it thinks fit. (112G) (1) An administration order must, during the currency of the order, impose the following requirement. (2) The requirement is that no qualifying creditor of the debtor is to pursue any remedy for the recovery of a qualifying debt unless— (a) regulations under subsection (3) provide otherwise, or (b) the creditor has the permission of the ... county court. (3) Regulations may specify classes of debt which are exempted (or exempted for specified purposes) from the restriction imposed by subsection (2). (4) The ... county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit. (5) This section does not have any effect in relation to bankruptcy proceedings. (112H) (1) An administration order must, during the currency of the order, impose the following requirement. (2) The requirement is that no creditor under a scheduled debt is to charge any sum by way of interest, fee or other charge in respect of that debt. (112I) (1) An administration order must, during the currency of the order, impose the requirement in subsection (3). (2) In relation to that requirement, a domestic utility creditor is any person who— (a) provides the debtor with a supply of mains gas or mains electricity for the debtor's own domestic purposes, and (b) is a creditor under a qualifying debt that relates to the provision of that supply. (3) The requirement is that no domestic utility creditor is to stop the supply of gas or electricity, or the supply of any associated services, except in the cases in subsections (4) to (6). (4) The first case is where the reason for stopping a supply relates to the non-payment by the debtor of charges incurred in connection with that supply after the making of the administration order. (5) The second case is where the reason for stopping a supply is unconnected with the non-payment by the debtor of any charges incurred in connection with— (a) that supply, or (b) any other supply of mains gas or mains electricity, or of associated services, that is provided by the domestic utility creditor. (6) The third case is where the ... county court gives permission to stop a supply. (7) The ... county court may give permission for the purposes of subsection (6) subject to such conditions as it thinks fit. (8) A supply of mains gas is a supply of the kind mentioned in section 5(1)(b) of the Gas Act 1986. (9) A supply of mains electricity is a supply of the kind mentioned in section 4(1)(c) of the Electricity Act 1989. (112J) (1) The county court may make an administration order only on the application of the debtor. (2) The debtor may make an application for an administration order whether or not a judgment has been obtained against him in respect of any of his debts. (112K) (1) The county court may, at the time it makes an administration order, specify a day on which the order will cease to have effect. (2) The court may not specify a day which falls after the last day of the maximum permitted period. (3) If the court specifies a day under this section, the order ceases to have effect on that day. (4) If the court does not specify a day under this section, the order ceases to have effect at the end of the maximum permitted period. (5) The maximum permitted period is the period of five years beginning with the day on which the order is made. (6) This section is subject to— (a) section 112S (variation of duration); (b) section 112W (effect of revocation). (7) This section is also subject to the following (effect of enforcement restriction order or debt relief order on administration order)— (a) section 117I of this Act; (b) section 251F of the Insolvency Act 1986. (112L) (1) This section applies if— (a) an administration order is made, and (b) immediately before the order is made, other debt management arrangements are in force in respect of the debtor. (2) The other debt management arrangements cease to be in force when the administration order is made. (3) If the ... county court is aware of the other debt management arrangements, the court must give the relevant authority notice that the order has been made. (4) In a case where the ... county court is aware of other debt management arrangements at the time it makes the order, it must give the notice as soon as practicable after making the order. (5) In a case where the ... county court becomes aware of those arrangements after it makes the order, it must give the notice as soon as practicable after becoming aware of them. (6) “Other debt management arrangements” means any of the following— (a) an enforcement restriction order under Part 6A of this Act; (b) a debt relief order under Part 7A of the Insolvency Act 1986; (c) a debt repayment plan arranged in accordance with a debt management scheme that is approved under Chapter 4 of Part 5 of the Tribunals, Courts and Enforcement Act 2007. (7) “The relevant authority” means— (a) in relation to an enforcement restriction order: the ... county court ...; (b) in relation to a debt relief order: the official receiver; (c) in relation to a debt repayment plan: the operator of the debt management scheme in accordance with which the plan is arranged. (8) For the purposes of this section a debt relief order is “in force” if the moratorium applicable to the order under section 251H of the Insolvency Act 1986 has not yet ended. (112M) (1) This section applies if, and for as long as, an administration order has effect in respect of a debtor. (2) The debtor must, at the prescribed times, provide the ... county court with particulars of his— (a) earnings, (b) income, (c) assets, and (d) outgoings. (3) The debtor must provide particulars of those matters— (a) as the matters are at the time the particulars are provided, and (b) as the debtor expects the matters to be at such times in the future as are prescribed. (4) If the debtor intends to dispose of any of his property he must, within the prescribed period, provide the ... county court with particulars of the following matters— (a) the property he intends to dispose of; (b) the consideration (if any) he expects will be given for the disposal; (c) such other matters as may be prescribed; (d) such other matters as the court may specify. (5) But subsection (4) does not apply if the disposal is of— (a) goods that are exempt goods for the purposes of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, (b) goods that are protected under any other enactment from being taken control of under that Schedule, or (c) prescribed property. (6) The duty under subsection (4) to provide the ... county court with particulars of a proposed disposal of property applies whether the debtor is the sole owner, or one of several owners, of the property. (7) In any provision of this section “prescribed” means prescribed in regulations for the purposes of that provision. (112N) (1) A person commits an offence if he fails to comply with— (a) section 112M(2) and (3), or (b) section 112M(4). (2) A person who commits an offence under subsection (1) may be ordered by a judge of the ... county court to pay a fine of not more than £250 or to be imprisoned for not more than 14 days. (3) Where under subsection (2) a person is ordered to be imprisoned by a judge of the ... county court, a judge of the county court may at any time— (a) revoke the order, and (b) if the person is already in custody, order his discharge. (4) Section 129 of this Act (enforcement of fines) applies to payment of a fine imposed under subsection (2). (5) For the purposes of section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), subsection (2) is to be treated as an enactment enabling a county court to deal with an offence under subsection (1) as if it were a contempt of court. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (112O) (1) This section applies if these conditions are met— (a) an administration order is made; (b) proceedings in the county court (other than bankruptcy proceedings) are pending against the debtor in respect of a qualifying debt; (c) by virtue of a requirement included in the order by virtue of section 112G, the creditor under the qualifying debt is not entitled to continue the proceedings in respect of the debt; (d) the county court receives notice of the administration order. (2) The county court must stay the proceedings. (3) The court may allow costs already incurred by the creditor. (4) If the court allows such costs, it may on application or of its motion add them— (a) to the debt, or (b) if the debt is a scheduled debt, to the amount scheduled to the order in respect of the debt. (5) But the court may not add the costs under subsection (4)(b) if the court is under a duty under section 112U(6)(b) to revoke the order because the total amount of the debtor's qualifying debts (including the costs) is more than the prescribed maximum. (112P) (1) Money paid into court under an administration order is to be appropriated— (a) first in satisfaction of any relevant court fees, and (b) then in liquidation of debts. (2) Relevant court fees are any fees under an order made under section 92 of the Courts Act 2003 which are payable by the debtor in respect of the administration order. (112Q) (1) If the debtor repays a scheduled debt to the extent provided for by the administration order, the ... county court must— (a) order that the debtor is discharged from the debt, and (b) de-schedule the debt. (2) If the debtor repays all of the scheduled debts to the extent provided for by the administration order, the ... county court must revoke the order. (3) Subsections (1) and (2) apply to all scheduled debts, including any which, under the administration order, are to be repaid other than to their full extent. (112R) (1) The ... county court may vary an administration order. (2) The power under this section is exercisable— (a) on the application of the debtor; (b) on the application of a qualifying creditor; (c) of the court's own motion. (112S) (1) The power under section 112R includes power to vary an administration order so as to specify a day, or (if a day has already been specified under section 112K or this subsection) a different day, on which the order will cease to have effect. (2) But the new termination day must fall on or before the last day of the maximum permitted period. (3) If the ... county court varies an administration under subsection (1), the order ceases to have effect on the new termination day. (4) In this section— (a) “new termination day” means the day on which the order will cease to have effect in accordance with the variation under subsection (1); (b) “maximum permitted period” means the period of five years beginning with the day on which the order was originally made. (5) This section is subject to section 112W (effect of revocation). (112T) (1) The power under section 112R includes power to vary an administration order by de-scheduling a debt. (2) But the debt may be de-scheduled only if it appears to the ... county court that it is just and equitable to do so. (112U) (1) The ... county court must revoke an administration order in either of these cases— (a) where it becomes apparent that, at the time the order was made, the condition in subsection 112B(2) was not met (debtor in fact did not have two or more qualifying debts); (b) where the debtor is no longer a debtor under any qualifying debts. (2) The ... county court must revoke an administration order in either of these cases— (a) where it becomes apparent that, at the time the order was made, the condition in subsection 112B(3) was not met (debtor in fact had business debt), and he is still a debtor under the business debt, or any of the business debts, in question; (b) where the debtor subsequently becomes a debtor under a business debt, and he is still a debtor under that debt. (3) The ... county court must revoke an administration order where it becomes apparent that, at the time the order was made, the condition in section 112B(4) was not met (debtor in fact excluded under AO, voluntary arrangement or bankruptcy exclusion). (4) The ... county court must revoke an administration order where, after the order is made— (a) the debtor becomes excluded under the voluntary arrangement exclusion, or (b) a bankruptcy order is made against the debtor, and is still in force. (5) The ... county court must revoke an administration order in either of these cases— (a) where it becomes apparent that, at the time the order was made, the condition in section 112B(5) was not met (debtor in fact able to pay qualifying debts); (b) where the debtor is now able to pay all of his qualifying debts. (6) The ... county court must revoke an administration order in either of these cases— (a) where it becomes apparent that, at the time the order was made, the condition in section 112B(6) was not met (debtor's qualifying debts in fact more than prescribed maximum); (b) where the total amount of the debtor's qualifying debts is now more than the prescribed maximum. (7) The ... county court must revoke an administration order in either of these cases— (a) where it becomes apparent that, at the time the order was made, the condition in section 112B(7) was not met (debtor's surplus income in fact less than, or the same as, the prescribed minimum); (b) where the debtor's surplus income is now less than, or the same as, the prescribed minimum. (112V) (1) The ... county court may revoke an administration order in any case where there is no duty under this Part to revoke it. (2) The power of revocation under this section may, in particular, be exercised in any of the following cases— (a) where the debtor has failed to make two payments (whether consecutive or not) required by the order; (b) where the debtor has failed to provide the ... county court with the particulars required by— (i) section 112M(2) and (3), or (ii) section 112M(4). (3) The power of revocation under this section is exercisable— (a) on the application of the debtor; (b) on the application of a qualifying creditor; (c) of the court's own motion. (112W) (1) This section applies if, under any duty or power in this Part, the ... county court revokes an administration order. (2) The order ceases to have effect in accordance with the terms of the revocation. (112X) (1) If a notifiable event occurs in relation to an administration order, the ... county court must send notice of the event to the creditor under every scheduled debt. (2) There is a notifiable event in any of the following cases— (a) when the administration order is made; (b) when a debt is scheduled to the administration order at any time after the making of the order; (c) when the administration order is varied; (d) when the administration order is revoked; (e) when the ... county court is given notice under any of the provisions listed in section 112K(7) (effect of enforcement restriction order or debt relief order on administration order). (112Y) (1) This section applies if— (a) an administration order has been made, but (b) it becomes apparent that the total amount of the debtor's qualifying debts was not properly calculated for the purposes of section 112B(6), because of an undeclared debt. (2) A debt is undeclared if it ought to have been, but was not, taken into account in the calculation for the purposes of section 112B(6). (3) If these conditions are met— (a) the undeclared debt is due (whether it became due before or after the making of the order); (b) the total debt is less than, or the same as, the prescribed maximum; the ... county court must schedule the undeclared debt to the order. (4) If these conditions are met— (a) the undeclared debt is not due; (b) the total debt is less than, or the same as, the prescribed maximum; the ... county court must schedule the undeclared debt to the order when the debt becomes due. (5) If the total debt is more than the prescribed maximum, the ... county court must revoke the administration order (whether or not the undeclared debt is due). (6) In this section “total debt” means the total amount of the debtor's qualifying debts (including the undeclared debt). (7) Subsections (3) and (4) are subject to section 112AG(5). (112Z) Sections 112AA to 112AH apply for the purposes of this Part. (112AA) (1) In this Part— - “administration order” has the meaning given by section 112A; - “debtor” has the meaning given by section 112B; - “prescribed maximum” means the amount prescribed in regulations for the purposes of section 112B(6); - “prescribed minimum” means the amount prescribed in regulations for the purposes of section 112B(7); - “qualifying creditor” means a creditor under a qualifying debt. (2) References to the currency of an administration order are references to the period which— (a) begins when the order first has effect, and (b) ends when the order ceases to have effect. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (112AB) (1) All debts are qualifying debts, except for the following— (a) any debt secured against an asset; (b) any debt of a description specified in regulations. (2) A business debt is any debt (whether or not a qualifying debt) which is incurred by a person in the course of a business. (3) Only debts that have already arisen are included in references to debts; and accordingly such references do not include any debt that will arise only on the happening of some future contingency. (112AC) (1) In a case where an individual is the debtor under a debt that is repayable by a single payment, the debtor is to be regarded as unable to pay the debt only if— (a) the debt has become due, (b) the debtor has failed to make the single payment, and (c) the debtor is unable to make that payment. (2) In a case where an individual is the debtor under a debt that is repayable by a number of payments, the debtor is to be regarded as unable to pay the debt only if— (a) the debt has become due, (b) the debtor has failed to make one or more of the payments, and (c) the debtor is unable to make all of the missed payments. (112AD) (1) The total amount of a debtor's qualifying debts is to be calculated in accordance with subsections (2) and (3). (2) All of the debtor's qualifying debts which have arisen before the calculation must be taken into account (whether or not the debts are already due at the time of the calculation). (3) Regulations must make further provision about how the total amount of a debtor's qualifying debts is to be calculated. (4) Regulations may make provision about how the amount of any particular qualifying debt is to be calculated. (5) That includes the calculation of the amount of a debt for these purposes— (a) calculating the total amount of the debtor's qualifying debts; (b) scheduling the debt to an administration order. (112AE) (1) The debtor's surplus income is to be calculated in accordance with regulations. (2) Regulations under this section must, in particular, make the following provision— (a) provision about what is surplus income; (b) provision about the period by reference to which the debtor's surplus income is to be calculated. (3) Regulations under this section may, in particular, provide for the debtor's assets to be taken account of when calculating his surplus income. (112AF) (1) A debt that is repayable by a single payment becomes due when the time for making that payment is reached. (2) A debt that is repayable by a number of payments becomes due when the time for making the first of the payments is reached. (112AG) (1) A debt is scheduled to an administration order if the relevant information is included in a schedule to the order. (2) A debt is de-scheduled if the relevant information is removed from a schedule in which it was included as mentioned in subsection (1). (3) In relation to a debt, the relevant information is— (a) the amount of the debt, and (b) the name of the creditor under the debt. (4) A scheduled debt is a debt that is scheduled to an administration order. (5) The ... county court must not schedule a debt to an administration order unless the court has had regard to any representations made by any person about why the debt should not be scheduled. (6) But subsection (5) does not apply to any representations which are made by the debtor in relation to the scheduling of a debt under section 112Y. (7) The ... county court must not de-schedule a debt unless the court has had regard to any representations made by any person about why the debt should not be de-scheduled. (8) But subsection (7) does not apply in relation to the de-scheduling of a debt under section 112Q. (9) A court must not schedule a debt to an administration order, or de-schedule a debt, except in accordance with the provisions of this Part. (112AH) (1) The debtor is excluded under the AO exclusion if— (a) an administration order currently has effect in respect of him, or (b) an administration order has previously had effect in respect of him, and the period of 12 months — beginning with the day when that order ceased to have effect — has yet to finish. (2) But in a case that falls within subsection (1)(b), the debtor is not excluded under the AO exclusion if the previous administration order— (a) ceased to have effect in accordance with any of the provisions listed in section 112K(7) (effect of enforcement restriction order or debt relief order on administration order), or (b) was revoked in accordance with section 112U(1)(b) (debtor no longer has any qualifying debts). (3) The debtor is excluded under the voluntary arrangement exclusion if— (a) an interim order under section 252 of the Insolvency Act 1986 has effect in respect of him (interim order where debtor intends to make proposal for voluntary arrangement), or (b) he is bound by a voluntary arrangement approved under Part 8 of the Insolvency Act 1986. (4) The debtor is excluded under the bankruptcy exclusion if— (a) a petition for a bankruptcy order to be made against him has been presented but not decided, or (b) he is an undischarged bankrupt. (112AI) (1) It is for the Lord Chancellor to make regulations under this Part. (2) Any power to make regulations under this Part is exercisable by statutory instrument. (3) A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Schedule 16 makes amendments consequential on the substitution of the new Part 6 in the 1984 Act.

• (3) This section does not apply to any case in which an administration order was made, or an application for such an order was made, before the day on which this section comes into force.

Chapter 2 — Enforcement restriction orders

Enforcement restriction orders

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• (1) After Part 6 of the County Courts Act 1984 (c. 28) (administration orders) insert—