Rule 40.6 Service of an interim charging orderF1

(1)

Copies of the interim charging order, the application and any documents filed in support of it must, not less than 21 days before the hearing, be served by the creditor on the persons listed in paragraph (3).

(2)

The creditor must either—

(a)

file a certificate of service in relation to each person served not less than 2 days before the hearing; or

(b)

produce a certificate of service at the hearing.

(3)

The persons to be served in accordance with paragraph (1) are—

(a)

the debtor;

(b)

if the order relates to an interest in land, any co-owner;

(c)

the debtor’s spouse or civil partner (if known);

(d)

such other creditors as are identified in the application or as the court directs;

(e)

if the order relates to an interest under a trust, on such of the trustees as the court directs; and

(f)

if the interest charged is securities, then—

(i)

in the case of stock for which the Bank of England keeps the register, the Bank of England;

(ii)

in the case of government stock to which sub-paragraph (f)(i) does not apply, the keeper of the register;

(iii)

in the case of stock of any body incorporated within England and Wales, that body;

(iv)

in the case of stock of any body incorporated outside England and Wales or of any state or territory outside the United Kingdom, which is registered in a register kept in England and Wales, the keeper of that register; and

(v)

in the case of units of any unit trust in respect of which a register of the unit holders is kept in England and Wales, the keeper of that register.

Annotations

Textual amendments

F1: Pt. 40 inserted (6.4.2016) by The Family Procedure (Amendment) Rules 2016 (S.I. 2016/355), rules 1(2), 8(b), Sch. 2 (with rule 9)