Part 12Summary warrants, time to pay and charges to pay

209Summary warrants, time to pay and charges to pay

1

Section 10(4) of the 2002 Act (no charge required for attachment in pursuance of summary warrant) is repealed.

2

In section 1 of the 1987 Act (time to pay direction)—

a

subsection (5)(e) (certain debts in relation to which a time to pay direction cannot be granted); and

b

subsection (9) (interpretation),

are repealed.

3

In section 5 of the 1987 Act (time to pay order)—

a

subsection (4)(c) and (e) (certain debts in relation to which a time to pay order cannot be granted); and

b

subsection (9) (interpretation),

are repealed.

4

In section 15(3) of the 1987 Act (interpretation)—

a

in the definition of “decree or document of debt”, after paragraph (a) insert—

aa

a summary warrant;

b

the words “or a summary warrant” are repealed.

5

In section 90 of the 1987 Act (provisions relating to charges)—

a

in subsection (1), the words “Subject to subsection (2) below,” and “an attachment or” are repealed;

b

after subsection (1) insert—

1A

The following subsections of this section apply to any case where it is competent to execute diligence only if a charge for payment has been served on the debtor.

c

subsection (2) (no charge required for attachment or earnings arrestment in pursuance of summary warrant) is repealed;

d

in subsection (5), for “an attachment or an earnings arrestment” substitute “ diligence ”; and

e

in subsection (6), for “an attachment or an earnings arrestment” substitute “ diligence ”.