Section 109 Administrative and clerical expenses of garnishees.

England and Wales

F1(1)

Where an F2interim third party debt order made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on F3a 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 of the institution in complying with the order; and the right F4. . . to make a deduction under this subsection shall be exercisable as from the time the F5interim third party debt order is served on it.

(1A)

In subsection (1) “ the relevant debt or debts ”, in relation to an F6 interim third party debt order served on F7 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)

F8An amount may not in pursuance of subsection (1)be deducted or, as the case may be, retained in a case where by virtue of F9section F10346 of the M1Insolvency Act 1986or section 325 of the M2Companies Act 1948 or otherwise, the creditor is not entitled to retain the benefit of the attachment.

(3)

In this section “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; . . . F11

(b)

without prejudice to the generality of paragraph (a) may prescribe sums differing according to the amount due under the judgment or order to be satisfied.

F12(c)

may provide for this section not to apply to F13deposit-taker 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.

Annotations

Textual amendments

F1: S. 109(1),(1A),(1B) substituted for subsection (1) by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(2), 65(9), Sch. 9 para. 11(2)
F2: Words in s. 109(1) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 7
F3: Words in s. 109(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 295(2)(a)(b)
F4: Words in s. 109(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 295(2)(c)
F5: Words in s. 109(1) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 7
F6: Words in s. 109(1A) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 7
F7: Words in s. 109(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 295(3)(a)(b)
F8: Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(3), 69(5), Sch. 9 para. 11(2)
F9: Words substituted by virtue of Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 38(4), Sch. 9 para. 11(2)
F10: Words substituted by virtue of Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
F11: Word repealed by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(4), 67(2), 69(5), Sch. 8 Pt. II, Sch. 9 para. 11(2)
F12: S. 109(4)(c) inserted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 52(4), 69(5), Sch. 9 para. 11(2)
F13: Words in s. 109(4)(c) substituted (1.12.2001) by virtue of S.I. 2001/3649, arts. 1, 295(4)

Marginal citations

M1: 1986 c. 45 (66)
M2: 1948 c. 38.

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)