Section 115 Execution by registrar.

England and Wales

(1)

Where it appears to F1... the F2county court at any time while an administration order is in force that property of the debtor exceeds in value F3the minimum amount, F4the court shall, at the request of any creditor, and without fee, issue execution against the debtor’s goods.

F5(1A)

In subsection (1) above “the minimum amount” means £50 or such other amount as the Lord Chancellor may by order specify instead of that amount or the amount for the time being specified in such an order; and an order under this subsection shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(2)

Section 89 applies on an execution under this section as it applies on an execution under Part V.

Annotations

Textual amendments

F1: Words in s. 115(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(51)(g)(i); 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 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)
F3: Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 220(3)
F4: Words in s. 115(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(51)(g)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: S. 115(1A) inserted by Insolvency Act 1985 (c. 65, SIF 66),s. 220(4)