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Section 10(4) of the 2002 Act (no charge required for attachment in pursuance of summary warrant) is repealed.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are repealed.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are repealed.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the words “or a summary warrant” are repealed.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in subsection (1), the words “Subject to subsection (2) below,” and “an attachment or” are repealed;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subsection (2) (no charge required for attachment or earnings arrestment in pursuance of summary warrant) is repealed;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”.