Part II

JURISDICTION

The High Court

Powers

Administrative and clerical expenses of garnishees.
40A
1
Where an
interim third party debt order
made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on
a deposit-taker, it
may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards
its administrative and clerical expenses
in complying with the order; and the right
. . . to make a deduction under this subsection shall be exercisable as from the time the
interim third party debt order
is served on it.
1A
In subsection (1) “
the relevant debt or debts
”, in relation to an
interim third party debt order
served on
a deposit-taker
, means the amount, as at the time the order is served on
it
, of the debt or debts of which the whole or a part is expressed to be attached by the order.
1B
A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.
2
An amount may not in pursuance of subsection (1)
be deducted or, as the case may be, retained in a case where, by virtue of
section 346 of the Insolvency Act
1986
or
section
183 of the Insolvency Act 1986
or otherwise, the creditor is not entitled to retain the benefit of the attachment.
3
In this section—
- “
deposit-taker
” has the given by section 40(6);
and
- “
prescribed
” means prescribed by an order made by the Lord Chancellor.
4
An order under this section—
a
may make different provision for different cases; . . .
b
without prejudice to the generality of paragraph (
a
) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.
c
may provide for this section not to apply to
deposit-takers
of any prescribed description.
5
Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
S. 40A inserted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 55(1), Sch. 4 Pt. I
S. 40A(1)(1A)(1B) substituted for s. 40A(1) by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(2), 69(5), Sch. 9 para. 11(2)
Words in s. 40A(1)(1A) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 6
Words in s. 40A(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(2)(a)
Words in s. 40A(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(2)(b)
Words in s. 40A(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 291(2)(c)
Words in s. 40A(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(3)(a)
Words in s. 40A(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(3)(b)
Words substituted by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(3) 69(5), Sch. 9 para. 11(2)
Words substituted by virtue of Insolvency Act 1985 (c. 65, SIF 66), s. 235(1) Sch. 8 para. 35 and Insolvency Act 1986 (c.45, SIF 66), s. 439(2), Sch. 11 para. 9, Sch. 14
1986 c.45
(66)
Word substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), ss. 21, 23, 30, 31(8), Sch. 2
Words substituted by virtue of Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), ss. 21, 23, 30, 31(8), Sch. 2 and Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
Definition of
“deposit-taker”
in s. 40A(3) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(4)
Word repealed by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(4), 67(2), 69(5), Sch. 8 Pt. II, Sch. 9 para. 11(2)
Words inserted by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(4), 69(5), Sch. 9 para. 11(2)
Words in s. 40A(4)(c) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(5)