93 Payment by instalments: making and enforcing charging orders

Charging orders

93  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 High Court or [the county court], a debtor is required to pay a sum of money by instalments.

(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

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