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Judgments Enforcement (Northern Ireland) Order 1981

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Changes over time for: Examination of debtor and witnesses

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Examination of debtor and witnessesN.I.

Examination of debtor following service of custody warrantN.I.

26.  The debtor shall after service of a custody warrant give to the enforcement officer such information as to the means of the debtor as that officer may require.

Examination of debtor as to his meansN.I.

27.—(1) A debtor other than a company may be summoned by the Office—

(a)to attend in person, at a time and place specified in the summons, for examination by the Office as to his means; and

(b)to produce all books, documents and things in his possession or under his control relating to his means.

(2) Where—

(a)without reasonable excuse—

(i)a debtor does not attend in pursuance of a summons under paragraph (1), or

(ii)a debtor does not answer, or answer satisfactorily, any question as to his means put to him by an enforcement officer under Article 26 and his default is certified by the enforcement officer; or

(b)the Office has reason to suspect—

(i)that a debtor is evading service of such a summons, or

(ii)that he will attempt to evade such service, if a summons is issued, or that he will not attend in pursuance of such a summons, if served;

the Office may make an order—

(A)

for the attendance of the debtor in person, at a time and place specified in the order, for examination by the Office as to his means and for the production by him of all books, documents and things in his possession or under his control relating to his means; and

(B)

for the issue by the Office of a warrant for his arrest in the event of his failing to attend in pursuance of the order.

Examination of third parties as to means, etc., of debtorN.I.

28.—(1) Where a debtor is a company, any person who is a director, officer or servant of the company may be summoned by the Office—

(a)to attend in person, at a time and place specified in the summons, for examination by the Office as to the assets or liabilities of the company; and

(b)to produce all books, documents and things in his possession or under his control relating to those assets and liabilities.

(2) Where—

(a)it appears to the Office that any person is or may be able to give information as to the means of a debtor other than a company or, as the case may be, the assets or liabilities of a debtor company or firm; and

(b)that person without lawful excuse refuses or neglects to provide such information within a reasonable time after being required in writing by the Office to do so;

that person may be summoned by the Office—

(i)

to attend in person, at a time and place specified in the summons, for examination by the Office as to those means or assets and liabilities; and

(ii)

to produce all books, documents and things in his possession or under his control relating to those means or assets and liabilities.

(3) Where without reasonable excuse a person does not attend in pursuance of a summons under paragraph (1) or (2), the Office may make an order directing him to attend in person for examination by the Office as mentioned in paragraph (1)(a) or (2)(i) (whichever is applicable) and to produce the books, documents and things mentioned in, respectively, paragraph (1)( b) or (2)(ii).

(4) If it appears to the Office that a person—

(a)is evading service of a summons under paragraph (1) or (2) or an order under paragraph (3); or

(b)without reasonable excuse has not attended before the Office in pursuance of an order under paragraph (3),

the Office may, on application in writing by or on behalf of the creditor, issue a warrant for that person's arrest.

Provisions consequent on execution of warrant of arrestN.I.

29.—(1) Upon the execution of a warrant of arrest issued in pursuance of an order under Article 27(2)(B) or of such a warrant issued under Article 28(4), the debtor or other person shall, subject to paragraph (2), be brought before the Office and shall there be examined on oath as to the matters mentioned in Article 27(2)(A) or, as the case requires, Article 28(1) or (2).

(2) Where a person has been taken into custody in pursuance of such a warrant as is referred to in paragraph (1) he shall, if it is not practicable to bring him before the Office within 24 hours after he was so taken into custody, be brought as soon as practicable before a justice of the peace who may—

(a)discharge him upon his entering into a recognizance in a reasonable amount to appear before the Office at the time and place named in the recognizance; or

(b)where he refuses to enter into such a recognizance, commit him to prison and direct that he be brought as soon as practicable thereafter and, in any event, not later than eight days from the date of such committal before the Office, there to be examined on oath as to the matters referred to in paragraph (1).

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