Tribunals, Courts and Enforcement Bill [HL]

House of Commons

Session 2006 - 07
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Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Part 4 — Enforcement of judgments and orders
55

(b)
is held by that person in connection with the provision of those
services.
15B
Offence of unauthorised use or disclosure
(1)
This section applies if the Commissioners make a disclosure of
information (“debtor information”) under section 15A(5).
5
(2)
A person to whom the debtor information is disclosed commits an
offence if—
(a)
he uses or discloses the debtor information, and
(b)
the use or disclosure is not authorised by subsection (3), (5), (6)
or (7).
10
(3)
The use or disclosure of the debtor information is authorised if it is—
(a)
for a purpose connected with the enforcement of the lapsed
order (including the direction of the order to the debtor’s
current employer), and
(b)
with the consent of the Commissioners.
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(4)
Consent for the purposes of subsection (3) may be given—
(a)
in relation to particular use or a particular disclosure, or
(b)
in relation to use, or a disclosure made, in such circumstances as
may be specified or described in the consent.
(5)
The use or disclosure of the debtor information is authorised if it is—
20
(a)
in accordance with an enactment or an order of court, or
(b)
for the purposes of any proceedings before a court,

and it is in accordance with regulations.
(6)
The use or disclosure of the debtor information is authorised if the
information has previously been lawfully disclosed to the public.
25
(7)
The use or disclosure of the debtor information is authorised if it is in
accordance with rules of court that comply with regulations under
subsection (8).
(8)
Regulations may make provision about the circumstances, if any, in
which rules of court may allow any of the following—
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(a)
access to, or the supply of, debtor information;
(b)
access to, or the supply of copies of, any attachment of earnings
order which has been directed to an employer using debtor
information.
(9)
It is a defence for a person charged with an offence under subsection (2)
35
to prove that he reasonably believed that the disclosure was lawful.
(10)
A person guilty of an offence under subsection (2) is liable—
(a)
on conviction on indictment, to imprisonment for a term not
exceeding two years, to a fine, or to both;
(b)
on summary conviction, to imprisonment for a term not
40
exceeding twelve months, to a fine not exceeding the statutory
maximum, or to both.
15C
Regulations
(1)
It is for the Lord Chancellor to make regulations under section 15B.

Tribunals, Courts and Enforcement Bill [HL]
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(2)
But the Lord Chancellor may make regulations under section 15B only
with the agreement of the Commissioners.
(3)
Regulations under section 15B are to be made by statutory instrument.
(4)
A statutory instrument containing regulations under section 15B may
not be made unless a draft of the instrument has been laid before and
5
approved by a resolution of each House of Parliament.
15D
Interpretation
(1)
For the purposes of sections 15A to 15C (and this section)—
“the Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
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“information” means information held in any form;
“the lapsed order” means the attachment of earnings order
referred to in section 15A(1);
“the proper authority” is determined in accordance with
subsections (2) to (5).
15
(2)
If the lapsed order was made by the High Court, the proper authority
is the High Court.
(3)
If the lapsed order was made by a county court, the proper authority is
a county court.
(4)
If the lapsed order was made by a magistrates’ court under this Act, the
20
proper authority is—
(a)
a magistrates’ court, or
(b)
the designated officer for a magistrates’ court.
(5)
If the lapsed order was made by a magistrates’ court or a fines officer
under Schedule 5 to the Courts Act 2003 (c. 39), the proper authority
25
is—
(a)
a magistrates’ court, or
(b)
a fines officer.”
(2)
This section applies in relation to any attachment of earnings order, whether
made before or after the commencement of this section.
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(3)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), the reference in section 15B(10)(b) of the
Attachment of Earnings Act 1971 (c. 32) to 12 months is to be read as a reference
to 6 months.
Charging orders
35
88
Payment by instalments: making and enforcing charging orders
(1)
Subsections (2), (3) and (4) make amendments to the Charging Orders Act 1979
(c. 53).
(2)
In section 1 (charging orders), after subsection (5) insert—
“(6)
Subsections (7) and (8) apply where, under a judgment or order of the
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High Court or a county court, a debtor is required to pay a sum of
money by instalments.

Tribunals, Courts and Enforcement Bill [HL]
Part 4 — Enforcement of judgments and orders
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(7)
The fact that there has been no default in payment of the instalments
does not prevent a charging order from being made in respect of that
sum.
(8)
But if there has been no default, the court must take that into account
when considering the circumstances of the case under subsection (5).”
5
(3)
In section 3 (provisions supplementing sections 1 and 2), after subsection (4)
insert—
“(4A)
Subsections (4C) to (4E) apply where—
(a)
a debtor is required to pay a sum of money in instalments under
a judgment or order of the High Court or a county court (an
10
“instalments order”), and
(b)
a charge has been imposed by a charging order in respect of that
sum.
(4B)
In subsections (4C) to (4E) references to the enforcement of a charge are
to the making of an order for the enforcement of the charge.
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(4C)
The charge may not be enforced unless there has been default in
payment of an instalment under the instalments order.
(4D)
Rules of court may—
(a)
provide that, if there has been default in payment of an
instalment, the charge may be enforced only in prescribed cases,
20
and
(b)
limit the amounts for which, and the times at which, the charge
may be enforced.
(4E)
Except so far as otherwise provided by rules of court under subsection
(4D)—
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(a)
the charge may be enforced, if there has been default in
payment of an instalment, for the whole of the sum of money
secured by the charge and the costs then remaining unpaid, or
for such part as the court may order, but
(b)
the charge may not be enforced unless, at the time of
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enforcement, the whole or part of an instalment which has
become due under the instalments order remains unpaid.”
(4)
In section 6(2) (meaning of references to judgment or order of High Court or
county court), for “section 1” substitute “sections 1 and 3”.
(5)
In section 313(4) of the Insolvency Act 1986 (c. 45) (charge on bankrupt’s home:
35
certain provisions of section 3 of Charging Orders Act 1979 to apply), for the
words before “section 3” substitute “Subsection (1), (2), (4), (5) and (6) of”.
(6)
This section does not apply in a case where a judgment or order of the High
Court or a county court under which a debtor is required to pay a sum of
money by instalments was made, or applied for, before the coming into force
40
of this section.

Tribunals, Courts and Enforcement Bill [HL]
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89
Charging orders: power to set financial thresholds
In the Charging Orders Act 1979 (c. 53), after section 3 there is inserted—
“3A
Power to set financial thresholds
(1)
The Lord Chancellor may by regulations provide that a charge may not
be imposed by a charging order for securing the payment of money of
5
an amount below that determined in accordance with the regulations.
(2)
The Lord Chancellor may by regulations provide that a charge imposed
by a charging order may not be enforced by way of order for sale to
recover money of an amount below that determined in accordance with
the regulations.
10
(3)
Regulations under this section may—
(a)
make different provision for different cases;
(b)
include such transitional provision as the Lord Chancellor
thinks fit.
(4)
The power to make regulations under this section is exercisable by
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statutory instrument.
(5)
The Lord Chancellor may not make the first regulations under
subsection (1) or (2) unless (in each case) a draft of the statutory
instrument containing the regulations has been laid before, and
approved by a resolution of, each House of Parliament.
20
(6)
A statutory instrument containing any subsequent regulations under
those subsections is subject to annulment in pursuance of a resolution
of either House of Parliament.”
Information requests and orders
90
Application for information about action to recover judgment debt
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(1)
A person who is the creditor in relation to a judgment debt may apply to the
High Court or a county court for information about what kind of action it
would be appropriate to take in court to recover that particular debt.
(2)
An application under subsection (1) must comply with any provision made in
regulations about the making of such applications.
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91
Action by the court
(1)
This section applies if the creditor in relation to a judgment debt makes an
application for information under section 90.
(2)
The relevant court may make one or more of the following in relation to the
debtor—
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(a)
a departmental information request;
(b)
an information order.
(3)
The relevant court may exercise its powers under subsection (2) only if it is
satisfied that to do so will help it to deal with the creditor’s application.
(4)
Before exercising its powers under subsection (2), the relevant court must give
40
notice to the debtor that the court intends to make a request or order.

Tribunals, Courts and Enforcement Bill [HL]
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(5)
The relevant court may not make a departmental information request to the
Commissioners unless regulations are in force that have been made under
section 97(4) and (7) and relate to the use or disclosure of debtor information
disclosed by the Commissioners.
(6)
The relevant court may disclose such information (including information
5
identifying the debtor) as it considers necessary to assist the recipient of a
request or order to comply with the request or order.
(7)
A disclosure under subsection (6) is not to be taken to breach any restriction on
the disclosure of information (however imposed).
(8)
Nothing in this section is to be taken to prejudice any power that exists apart
10
from this section to request or order the disclosure of information.
92
Departmental information requests
(1)
A departmental information request is a request for the disclosure of
information held by, or on behalf of, a government department.
(2)
The request is to be made to the Minister of the Crown, or other person, who is
15
in charge of the department.
(3)
In the case of a request made to the designated Secretary of State, the disclosure
of some or all of the following information may be requested—
(a)
the full name of the debtor;
(b)
the address of the debtor;
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(c)
the date of birth of the debtor;
(d)
the national insurance number of the debtor;
(e)
prescribed information.
(4)
In the case of a request made to the Commissioners, the disclosure of some or
all of the following information may be requested—
25
(a)
whether or not the debtor is employed;
(b)
the name and address of the employer (if the debtor is employed);
(c)
the national insurance number of the debtor;
(d)
prescribed information.
(5)
In the case of any other request, the disclosure of prescribed information may
30
be requested.
(6)
In this section—
“designated Secretary of State” means the Secretary of State designated
for the purpose of this section by regulations;
“government department” does not include the following—
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(a)
any part of the Scottish Administration;
(b)
a Northern Ireland department;
(c)
the Welsh Assembly Government or any member of staff
appointed under section 52 of the Government of Wales Act
2006 (c. 32);
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“prescribed information”, in relation to a departmental information
request, means information that falls within the category or categories
of information (if any) prescribed by regulations in relation to the
department to which the request relates.