Tribunals, Courts and Enforcement Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Part 4 — Enforcement of judgments and orders
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93
Information orders
(1)
An information order is an order of the relevant court which—
(a)
specifies a prescribed person (“the information discloser”),
(b)
specifies prescribed information relating to the debtor (“the required
information”), and
5
(c)
orders the information discloser to disclose the required information to
the relevant court.
(2)
In subsection (1) “prescribed” means prescribed in regulations.
(3)
Regulations under this section may be made by reference to—
(a)
particular persons or particular descriptions of person (or both);
10
(b)
particular information or particular descriptions of information (or
both).
(4)
Regulations may, in particular, be made under this section so as to ensure
that—
(a)
an information order made against a particular person, or a person of a
15
particular description, may order that person to disclose only particular
information, or information of a particular description;
(b)
an information order that orders the disclosure of particular
information, or information of a particular description, may only be
made against a particular person, or a person of a particular
20
description.
(5)
Regulations under this section must not make provision that would allow the
relevant court to order—
(a)
the disclosure of information by the debtor, or
(b)
the disclosure of information held by, or on behalf of, a government
25
department.
94
Responding to a departmental information request
(1)
This section applies if the relevant court makes a departmental information
request.
(2)
The recipient of the request may disclose to the relevant court any information
30
(whether held by the department or on its behalf) that the recipient considers
is necessary to comply with the request.
(3)
A disclosure under subsection (2) is not to be taken to breach any restriction on
the disclosure of information (however imposed).
(4)
Nothing in this section is to be taken to prejudice any power that exists apart
35
from this section to disclose information.
95
Information order: required information not held etc
(1)
An information discloser is not to be regarded as having breached an
information order because of a failure to disclose some or all of the required
information, if that failure is for one of the permitted reasons.
40
(2)
These are the permitted reasons—
(a)
the information provider does not hold the information;

Tribunals, Courts and Enforcement Bill [HL]
Part 4 — Enforcement of judgments and orders
61

(b)
the information provider is unable to ascertain whether the information
is held, because of the way in which the information order identifies the
debtor;
(c)
the disclosure of the information would involve the information
discloser in unreasonable effort or expense.
5
(3)
It is to be presumed that a failure to disclose required information is for a
permitted reason if—
(a)
the information discloser gives the relevant court a certificate that
complies with subsection (4), and
(b)
there is no evidence that the failure is not for a permitted reason.
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(4)
The certificate must state—
(a)
which of the required information is not being disclosed;
(b)
what the permitted reason is, or permitted reasons are, for the failure to
disclose that information.
(5)
Any reference in this section to the information discloser holding, or not
15
holding, information includes a reference to the information being held, or not
being held, on the information discloser’s behalf.
96
Using the information about the debtor
(1)
This section applies if—
(a)
the creditor in relation to a judgment debt makes an application for
20
information under section 90, and
(b)
information (“debtor information”) is disclosed to the relevant court in
compliance with a request or order made under section 91.
(2)
The relevant court may use the debtor information for the purpose of making
another request or order under section 91 in relation to the debtor.
25
(3)
The relevant court may use the debtor information for the purpose of
providing the creditor with information about what kind of action (if any) it
would be appropriate to take in court (whether the relevant court or another
court) to recover the judgment debt.
(4)
If the creditor takes any action in the relevant court to recover the judgment
30
debt, the relevant court may use the debtor information in carrying out
functions in relation to that action.
(5)
If the creditor takes any action in another court to recover the judgment debt—
(a)
the relevant court may disclose the debtor information to the other
court, and
35
(b)
the other court may use that information in carrying out functions in
relation to that action.
(6)
Debtor information may be used or disclosed under any of subsections (3) to
(5) only if—
(a)
regulations about such use or disclosure of information are in force,
40
and
(b)
the use or disclosure complies with those regulations.
(7)
In addition, if the debtor information was disclosed by the Commissioners, the
information may be used or disclosed under any of subsections (3) to (5) only
with the consent of the Commissioners.
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Tribunals, Courts and Enforcement Bill [HL]
Part 4 — Enforcement of judgments and orders
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(8)
Consent for the purposes of subsection (7) 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.
(9)
The use or disclosure of information in accordance with this section is not to be
5
taken to breach any restriction on the use or disclosure of information
(however imposed).
(10)
Nothing in this section is to be taken to prejudice any power that exists apart
from this section to use or disclose information.
97
Offence of unauthorised use or disclosure
10
(1)
This section applies if—
(a)
an application is made under section 90 in relation to recovery of a
judgment debt (“the relevant judgment debt”),
(b)
a departmental information request or an information order is made in
consequence of that application, and
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(c)
information (“debtor information”) is disclosed in accordance with the
request or order.
(2)
A person to whom the debtor information is disclosed commits an offence if
he—
(a)
uses or discloses the debtor information, and
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(b)
the use or disclosure is not authorised by any of subsections (3) to (6).
(3)
The use or disclosure of the debtor information is authorised if it is in
accordance with section 96.
(4)
The use or disclosure of the debtor information is authorised if it is—
(a)
in accordance with an enactment or order of court, or
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(b)
for the purposes of any proceedings before a court,

and it is in accordance with regulations.
(5)
The use or disclosure of the debtor information is authorised if the information
has previously been lawfully disclosed to the public.
(6)
The use or disclosure of the debtor information is authorised if it is in
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accordance with rules of court that comply with regulations under subsection
(7).
(7)
Regulations may make provision about the circumstances, if any, in which
rules of court may allow access to, or the supply of, information disclosed in
accordance with a department information request or an information order.
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(8)
It is a defence for a person charged with an offence under subsection (2) to
prove that he reasonably believed that the use or disclosure was lawful.
(9)
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;
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(b)
on summary conviction, to imprisonment for a term not exceeding
twelve months, to a fine not exceeding the statutory maximum, or to
both.

Tribunals, Courts and Enforcement Bill [HL]
Part 4 — Enforcement of judgments and orders
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98
Regulations
(1)
It is for the Lord Chancellor to make information regulations.
(2)
But the Lord Chancellor may make the following regulations only with the
agreement of the Commissioners—
(a)
regulations under section 92(4)(d);
5
(b)
regulations under section 97(4) or (7) so far as the regulations relate to
the use or disclosure of debtor information disclosed by the
Commissioners.
(3)
Information regulations are to be made by statutory instrument.
(4)
A statutory instrument containing information regulations may not be made
10
unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.
(5)
But subsection (4) does not apply in the case of a statutory instrument that
contains only—
(a)
regulations under section 90, or
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(b)
regulations under section 92 which designate a Secretary of State for the
purpose of that section.
(6)
In such a case, the statutory instrument is subject to annulment in pursuance of
a resolution of either House of Parliament.
(7)
In this section “information regulations” means regulations under any of
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sections 90 to 97.
99
Interpretation
(1)
This section applies for the purposes of sections 90 to 98.
(2)
In those provisions—
“Commissioners” means the Commissioners for Her Majesty’s Revenue
25
and Customs;
“creditor”, in relation to a judgment debt, means—
(a)
the person to whom the debt is payable (whether directly or
through an officer of any court or another person);
(b)
where the debt is payable under an administration order
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(within the meaning of Part 6 of the County Courts Act 1984
(c. 28)), any one of the creditors scheduled to the order;
“debtor”, in relation to a judgment debt, means the person by whom the
debt is payable;
“departmental information request” has the meaning given by section 92;
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“information” means information held in any form;
“information discloser”, in relation to an information order, has the
meaning given by section 93(1)(a);
“information order” has the meaning given by section 93;
“judgment debt” means either of the following—
40
(a)
a sum which is payable under a judgment or order enforceable
by the High Court or a county court;
(b)
a sum which, by virtue of an enactment, is recoverable as if it
were payable under a judgment or order of the High Court or of

Tribunals, Courts and Enforcement Bill [HL]
Part 5 — Debt management and relief
Chapter 1 — Administration orders
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a county court (including a sum which is so recoverable because
a court so orders);
“required information”, in relation to an information order, has the
meaning given by section 93(1)(b);
“relevant court”, in relation to an application under section 90, means the
5
court to which the application is made.
(3)
Any reference to information held on behalf of a government department, or
on behalf of an information discloser, includes a reference to any information
which—
(a)
is held by a person who provides services to the department or to the
10
information discloser, and
(b)
is held by that person in connection with the provision of those
services.
100
Application and transitional provision
(1)
Sections 90 to 99 apply in relation to any judgment debt, whether it became
15
payable, or recoverable, before or after the commencement of those sections.
(2)
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 97(9)(b) to 12
months is to be read as a reference to 6 months.
Part 5
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Debt management and relief
Chapter 1
Administration orders
101
Administration orders
(1)
For Part 6 of the County Courts Act 1984 (c. 28) (administration orders)
25
substitute—
“Part 6
Administration Orders
Administration orders
112A
Administration orders
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An administration order is an order—
(a)
to which certain debts are scheduled in accordance with section
112C, 112D or 112Y(3) or (4);
(b)
which imposes the requirement specified in section 112E on the
debtor; and
35
(c)
which imposes the requirements specified in sections 112F to
112I on certain creditors.