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22 May 2012
Issue: 7514 / Categories: Legislation
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Tribunals, Courts and Enforcement Act 2007 (Commencement No 8) Order 2012 (SI 2012/1312)

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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 May 2012. It inserts into the 1979 Act a new s 3A. This new provision gives the Lord Chancellor a power by regulations:

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