Section 119 — Tribunals, Courts and Enforcement Act 2007: Existing county court proceedings to be stayed

Existing county court proceedings to be stayed 119 1 This section applies if these conditions are met—

a a debt repayment plan is arranged for a non-business debtor in accordance with an approved scheme;

b proceedings in the county court (other than bankruptcy proceedings) are pending against the debtor in respect of a qualifying debt;

c by virtue of section 116, the creditor under the qualifying debt is not entitled to continue the proceedings in respect of the debt;

d the county court receives notice of the debt repayment plan.

2 The county court must stay the proceedings.

3 The court may allow costs already incurred by the creditor.

4 Subsection (5) applies if—

a the court allows such costs, and b the qualifying debt is a specified debt.

5 The operator of the approved scheme may, if requested to do so by—

a the non-business debtor, or b the creditor under the qualifying debt, add the costs to the amount specified in the plan in respect of the debt.

6 But the operator may not add the costs under subsection (5) if, under the terms of the approved scheme, the operator is under a duty to terminate the plan.