Section 40A Administrative and clerical expenses of garnishees.F1
England and Wales
Where an F3interim third party debt order made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on F4a 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 F5its administrative and clerical expenses in complying with the order; and the right F6. . . to make a deduction under this subsection shall be exercisable as from the time the interim third party debt order is served on it.
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.
F9An amount may not in pursuance of subsection (1) be deducted or, as the case may be, retained in a case where, by virtue of F10section 346 of the Insolvency Act M1 1986 or F11sectionF12183 of the Insolvency Act 1986 or otherwise, the creditor is not entitled to retain the benefit of the attachment.
In this section—
F13“deposit-taker” has the given by section 40(6); and
“prescribed” means prescribed by an order made by the Lord Chancellor.
An order under this section—
may make different provision for different cases; . . . F14
without prejudice to the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.
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. 40A inserted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 55(1), Sch. 4 Pt. I
- F2
S. 40A(1)(1A)(1B) substituted for s. 40A(1) by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(2), 69(5), Sch. 9 para. 11(2)
- F3
Words in s. 40A(1)(1A) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 6
- F4
Words in s. 40A(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(2)(a)
- F5
Words in s. 40A(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(2)(b)
- F6
Words in s. 40A(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 291(2)(c)
- F7
Words in s. 40A(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(3)(a)
- F8
Words in s. 40A(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(3)(b)
- F9
Words substituted by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(3) 69(5), Sch. 9 para. 11(2)
- F10
Words substituted by virtue of Insolvency Act 1985 (c. 65, SIF 66), s. 235(1) Sch. 8 para. 35 and Insolvency Act 1986 (c.45, SIF 66), s. 439(2), Sch. 11 para. 9, Sch. 14
- F11
Word substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), ss. 21, 23, 30, 31(8), Sch. 2
- F12
Words substituted by virtue of Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), ss. 21, 23, 30, 31(8), Sch. 2 and Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
- F13
Definition of
“deposit-taker”
in s. 40A(3) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(4)
- F14
Word repealed by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(4), 67(2), 69(5), Sch. 8 Pt. II, Sch. 9 para. 11(2)
- F15
Words inserted by Administration of Justice Act 1985 (c. 61, SIF 37), ss. 52(4), 69(5), Sch. 9 para. 11(2)
- F16
Words in s. 40A(4)(c) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 291(5)
Marginal citations
- M1
1986 c.45(66)
Notes on the whole Act
Textual amendments
- F1
Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)
- F2
Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)