Paragraph Rule 13A Review by court officer in default of payment

England and Wales

(1)

Where it appears that the debtor is failing to make payments in accordance with the order, the court officer shall (either of F1the court officer’s own initiative or on the application of a creditor whose debt is scheduled to the administration order) send a notice to the debtor—

(a)

informing F2the debtor of the amounts which are outstanding; and

(b)

requiring F3the debtor (within 14 days of service of the notice upon the debtor) to

(i)

make the payments as required by the order; or

(ii)

explain F4the reasons for failing to make the payments; and

(iii)

make a proposal for payment of the amounts outstanding, or

(iv)

make a request to vary the order.

(2)

If the debtor does not comply with paragraph (1)(b) within the time stated, the court officer shall revoke the administration order.

(3)

F5If a debtor gives notice under paragraph (1)(b)(ii), (iii) or (iv), the court may—

(a)

without requiring the attendance of the parties—

(i)

revoke the administration order or vary it so as to provide for payment of the debts included in the order in full or to such extent and within such a period as appears practicable in the circumstances of the case; or

(ii)

suspend the operation of the administration order for such time and on such terms as F6it thinks fit; or

(b)

require the court officer to fix a day for the review of the administration order and to give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

(4)

Any party affected by an order made under paragraph (2) or (3)(a) may, within 14 days of service of the order on F7them and giving F8their reasons, apply on notice for the F9court to consider the matter afresh and the court officer shall fix a day for the hearing of the application F10... and give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

(5)

On hearing an application under paragraph (4), the F11court may confirm the order or set it aside and make such new order as F12it thinks fit and the order so made shall be entered in the records of the court.

Annotations

Textual amendments

F1: Words in Sch. 2 CCR Order 39 rule 13A(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(aa) (with rule 25)
F2: Words in Sch. 2 CCR Order 39 rule 13A(1)(a) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(bb) (with rule 25)
F3: Words in Sch. 2 CCR Order 39 rule 13A(1)(b) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(bb) (with rule 25)
F4: Word in Sch. 2 CCR Order 39 rule 13A(1)(b)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(cc) (with rule 25)
F5: Words in Sch. 2 CCR Order 39 rule 13A(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(ii)(aa) (with rule 25)
F6: Word in Sch. 2 CCR Order 39 rule 13A(3)(a)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(ii)(bb) (with rule 25)
F7: Word in Sch. 2 CCR Order 39 rule 13A(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(aa) (with rule 25)
F8: Word in Sch. 2 CCR Order 39 rule 13A(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(bb) (with rule 25)
F9: Word in Sch. 2 CCR Order 39 rule 13A(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(cc) (with rule 25)
F10: Words in Sch. 2 CCR Order 39 rule 13A(4) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(dd) (with rule 25)
F11: Word in Sch. 2 CCR Order 39 rule 13A(5) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iv)(aa) (with rule 25)
F12: Word in Sch. 2 CCR Order 39 rule 13A(5) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iv)(bb) (with rule 25)

Notes on Schedule 2

Modifications

C1: Sch. 1, Sch. 2 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
C2: Sch. 2 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))
C3: Sch. 2 CCR Order 27 applied (with modifications) (22.4.2014) by S.I. 2010/2955, rules 33.19, 33.19A (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 37 (with rule 45))

Commencement

I1: Sch. 2 in force at 26.4.1999, see Signature