Section 108 Attachment of debts.

England and Wales

(1)

Subject to any order for the time being in force under subsection (4), this section applies to F1any deposit account, and any withdrawable share account, with a deposit-taker.

(2)

In determining whether, for the purposes of the jurisdiction of the county court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with F2rules of court, any condition mentioned in subsection (3) which applies to the account shall be disregarded.

(3)

Those conditions are—

(a)

any condition that notice is required before any money or share is withdrawn;

(b)

any condition that a personal application must be made before any money or share is withdrawn;

(c)

any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or

(d)

any other prescribed condition.

(4)

The Lord Chancellor may by order make such provision as he think fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely—

(a)

including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order;

(b)

excluding from the accounts to which this section applies all accounts with any particular F3deposit-taker so specified or with any deposit-taker of a description so specified.

(5)

An order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: Words in s. 108(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 294(2)
F2: Words in s. 108 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)
F3: Words in s. 108(4)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 294(3)

Notes on Part V

Modifications

C1: Pt. 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)