Modifications etc. (not altering text)
C1Pt. V (ss. 85-111) applied (1.1.2007) by Gambling Act 2005 (c. 19), ss. 149(2), 358(1) (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4)
(1)If a debtor summoned to attend a county court by a judgment summons fails to attend on the day and at the time fixed for any hearing of the summons, the judge may adjourn or further adjourn the summons to a specified time on a specified day and order the debtor to attend at that time on that day.
(2)If—
(a)a debtor, having been ordered under subsection (1) to attend at a specified time on a specified day, fails to do so; or
(b)a debtor who attends for the hearing of a judgment summons refuses to be sworn or to give evidence;
the judge may make an order committing him to prison for a period not exceeding 14 days in respect of the failure or refusal.
(3)In any case where the judge has power to make an order of committal under subsection (2) for failure to attend, he may in lieu of or in addition to making that order, order the debtor to be arrested and brought before the court either forthwith or at such time as the judge may direct.
(4)A debtor shall not be committed to prison under subsection (2) for having failed to attend as required by an order under subsection (1) unless there was paid to him at the time of the service of the judgment summons, or paid or tendered to him at the time of the service of the order, such sum in respect of his expenses as may be prescribed for the purposes of this section.
(5)The judge may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.