Section 114 Effect of administration order.

England and Wales

(1)

Subject to sections 115 and 116, when an administration order is made, no creditor shall have any remedy against the person or property of the debtor in respect of any debt—

(a)

of which the debtor notified the F1county court before the administration order was made; or

(b)

which has been scheduled to the order,

except with the leave of the county court , and on such terms as that court may impose.

(2)

Subject to subsection (3), F2when an administration order is made, the county court is to stay any proceedings in the county court which are pending against the debtor in respect of any debt so notified or scheduled, F3..., but may allow costs already incurred by the creditor, and such costs may, on application, be added to the debt.

(3)

The requirement to stay proceedings shall not operate F4as a requirement to stay any proceedings in bankruptcy which are pending against the debtor.

Annotations

Textual amendments

F1: Words in Pt. 6 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(51)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2: Words in s. 114(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(51)(e)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3: Words in s. 114(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(51)(e)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: Words in s. 114(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(51)(f); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)