Section 27 Attachment of moneys payable by the Crown.C1

United Kingdom

C2(1)

Where any money is payable by the Crown to some person who, under any order of any court, is liable to pay any money to any other person, and that other person would, if the money so payable by the Crown were money payable by a subject, be entitled under rules of court to obtain an order for the attachment thereof as a debt due or accruing due, or an order for the appointment of a sequestrator or receiver to receive the money on his behalf, the High Court may, subject to the provisions of this Act and in accordance with rules of court, make an order restraining the first-mentioned person from receiving that money and directing payment thereof to that other person, or to the sequestrator or receiver:

Provided that no such order shall be made in respect of:—

(a)

pay wages or salary payable to any officer of the Crown as such;

(b)

any money which is subject to the provisions of any enactment prohibiting or restricting assignment or charging or taking in execution; F1or

(c)

any money payable by the Crown to any person on account of a deposit in F2the National Savings Bank

C3(2)

The provisions of the preceding subsection shall, so far as they relate to forms of relief falling within the jurisdiction of F3the county court , have effect in relation to F4the county court as they have effect in relation to the High Court F5....

F6(3)

In their application to England and Wales the preceeding provisions of this section shall have effect subject to any order for the time being in force under section 139(2) of the F7Senior Courts Act 1981.

Annotations

Textual amendments

F1: S. 27(1): para. (c) of the proviso and the word "or" preceding it repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 139(4), Sch. 7
F2: Words substituted by Post Office Act 1969 (c. 48), Sch. 6 Pt. III
F3: Words in Act substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 20(a); 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. 27(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 20(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: Words in s. 27(2) repealed (1.10.2005) by The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005 (S.I. 2005/2712), art. 2, Sch. 1 para. 6 (with art. 4)
F6: S. 27(3) added (E.W.) after subsection (2) by Supreme Court Act 1981 (c.54,SIF 37),s.139(1)(b)(4)
F7: Words in s. 27(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(b)(d)

Modifications

C1: Ss. 21-42 excluded (S.) (18.4.2016) by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), regs. 1, 103(8)
C2: S. 27(1) power to exclude conferred (E.W) by Supreme Court Act 1981 (c.54, SIF 37), s.139(2)(4)
C3: S. 27(2) power to exclude conferred (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s.139(2)

Notes on Part III

Modifications

C1: Pts. 2-4 applied in part (E.W.S.) (1.12.2003) by The Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), reg. 36(5)
C2: Pts. 2-4 applied in part (E.W.S.) (2.12.2003) by The Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), reg. 36(5)
C3: Pts. 2-4 applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 44(6) (with regs. 44(1)-(5), 45
C4: Pts. II-IV applied (N.I.) (1.10.2006) by The Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), reg. 50(6)
C5: Pts. II-IV applied (30.4.2007) by Equality Act 2006 (c. 3), ss. 78(4), 93 (with s. 92); S.I. 2007/1092, art. 2
C6: Pts. 2-4 applied in part (30.4.2007) by The Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263), reg. 33(4) (with regs. 12, 13, 18, 33(2)(3))
C7: Pt. III applied by Sex Discrimination Act 1975 (c. 65), s. 85(8) and Race Relations Act 1976 (c. 74), s. 75(6)
C8: Pt. III (ss. 24-27) applied (2.12.1996) by 1995 c. 50, ss. 64(3), 70(6), Sch. 8 para. 44(1) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3); S.R. 1996/280, art. 2(2), Sch.
C9: Pt. III (ss. 24-27) applied (with modifications) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 92; S.I. 1999/81, art. 3
C10: Pt. III (ss. 24-27) applied (with modifications) (30.6.1997) by S.I. 1997/869 (N.I.6), art. 71(6); S.R. 1997/273, art. 2(2)
C11: Pts. 2-4 applied in part (N.I) (1.9.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117), arts. 1, 47(2); S.R. 2005/336), {art. 2}, Sch.; S.R. 2005/337, art. 2, Sch.
C12: Pts. II-IV applied (N.I) (1.1.2007) by The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (S.R. 2006/439), reg. 53(6)
C13: Pts. 2-4 applied (E.W.S.) (8.4.2010) by Equality Act 2010 (c. 15), ss. 205(6), 216(1)(b)