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Nice to see that finally debtors will have some protection when fighting charging orders...although these changes may have come pretty late for some.......so not sure if this is good news or not as it does say that a charging order may be made even though there has been NO default in payment BUT......it does not say MUST..but....BUT!
Sections 93 and 94 of the Tribunals, Courts and Enforcement Act 2007 (TCE Act) are brought into force by The Tribunals, Courts and Enforcement Act 2007 (Commencement No 8) Order 2012.
Section 93, which is brought into force on 1 October 2012, amends the Charging Orders Act 1979 (the 1979 Act). Where a debtor is required by a county court or High Court order to pay a sum by installments, a charging order may be made even though there has been no default in payment, but:
Section 94, brought into force on 17 May 2012, inserts into the 1979 Act a new provision which gives the Lord Chancellor a power by regulations:
Sections 93 and 94 of the Tribunals, Courts and Enforcement Act 2007 (TCE Act) are brought into force by The Tribunals, Courts and Enforcement Act 2007 (Commencement No 8) Order 2012.
Section 93, which is brought into force on 1 October 2012, amends the Charging Orders Act 1979 (the 1979 Act). Where a debtor is required by a county court or High Court order to pay a sum by installments, 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, brought into force on 17 May 2012, inserts into the 1979 Act a new provision which gives the Lord Chancellor a power by regulations:
- to set financial thresholds for the making of charging orders; and
- for the enforcement of such orders by an order for sale.
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