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Tribunals, Courts and Enforcement Act 2007

Sections and provisions with full text and the judgments that cite each one.

Section 110 — Debt repayment plans

Debt repayment plans 110 1 A debt repayment plan is a plan that meets the conditions in this section. 2 The plan must specify all of the debtor's qualifying debts. 3 The plan must require the debtor…

Section 111 — Approval by supervising authority

Approval by supervising authority 111 1 The supervising authority may approve one or more debt management schemes. 2 Regulations may make provision about any or all of the following— a conditions…

Section 112 — Applications for approval

Applications for approval 112 1 Regulations may specify a procedure for making an application for approval of a debt management scheme. 2 Regulations under this section may, in particular, specify a…

Section 112A — Administration orders

Administration orders 112A 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…

Section 112AA — Main definitions

Main definitions 112AA 1 In this Part— “ administration order ” has the meaning given by section 112A; “ debtor ” has the meaning given by section 112B; “ prescribed maximum ” means the amount…

Section 112AB — Expressions relating to debts

Expressions relating to debts 112AB 1 All debts are qualifying debts, except for the following— a any debt secured against an asset; b any debt of a description specified in regulations. 2 A business…

Section 112B — Power to make order

Power to make order 112B 1 The county court may make an administration order if the conditions in subsections (2) to (7) are met. 2 The order must be made in respect of an individual who is a debtor…

Section 112AC — Inability to pay debts

Inability to pay debts 112AC 1 In a case where an individual is the debtor under a debt that is repayable by a single payment, the debtor is to be regarded as unable to pay the debt only if— a the…

Section 112C — Scheduling declared debts

Scheduling declared debts 112C 1 This section applies to a qualifying debt (“the declared debt”) if— a an administration order is made, and b when the order is made, the debt is taken into account in…

Section 112AD — Calculating the debtor's qualifying debts

Calculating the debtor's qualifying debts 112AD 1 The total amount of a debtor's qualifying debts is to be calculated in accordance with subsections (2) and (3). 2 All of the debtor's qualifying…

Section 112D — Scheduling new debts

Scheduling new debts 112D 1 This section applies to a qualifying debt (“the new debt”) if the debt— a arises after an administration order is made, and b becomes due during the currency of the order.…

Section 112AE — Calculating the debtor's surplus income

Calculating the debtor's surplus income 112AE 1 The debtor's surplus income is to be calculated in accordance with regulations. 2 Regulations under this section must, in particular, make the…

Section 112E — Repayment requirement

Repayment requirement 112E 1 An administration order must, during the currency of the order, impose a repayment requirement on the debtor. 2 A repayment requirement is a requirement for the debtor to…

Section 112AF — Debts becoming due

Debts becoming due 112AF 1 A debt that is repayable by a single payment becomes due when the time for making that payment is reached. 2 A debt that is repayable by a number of payments becomes due…

Section 112F — Presentation of bankruptcy petition

Presentation of bankruptcy petition 112F 1 An administration order must, during the currency of the order, impose the following requirement. 2 The requirement is that no qualifying creditor of the…

Section 112AG — Scheduling and de-scheduling debts

Scheduling and de-scheduling debts 112AG 1 A debt is scheduled to an administration order if the relevant information is included in a schedule to the order. 2 A debt is de-scheduled if the relevant…

Section 112G — Remedies other than bankruptcy

Remedies other than bankruptcy 112G 1 An administration order must, during the currency of the order, impose the following requirement. 2 The requirement is that no qualifying creditor of the debtor…

Section 112AH — The AO, voluntary arrangement and bankruptcy exclusions

The AO, voluntary arrangement and bankruptcy exclusions 112AH 1 The debtor is excluded under the AO exclusion if— a an administration order currently has effect in respect of him, or b an…

Section 112H — Charging of interest etc

Charging of interest etc 112H 1 An administration order must, during the currency of the order, impose the following requirement. 2 The requirement is that no creditor under a scheduled debt is to…

Section 112AI — Regulations under this Part

Regulations under this Part 112AI 1 It is for the Lord Chancellor to make regulations under this Part. 2 Any power to make regulations under this Part is exercisable by statutory instrument. 3 A…

Section 112I — Stopping supplies of gas or electricity

Stopping supplies of gas or electricity 112I 1 An administration order must, during the currency of the order, impose the requirement in subsection (3). 2 In relation to that requirement, a domestic…

Section 112J — Application for an order

Application for an order 112J 1 The county court may make an administration order only on the application of the debtor. 2 The debtor may make an application for an administration order whether or…

Section 112K — Duration

Duration 112K 1 The county court may, at the time it makes an administration order, specify a day on which the order will cease to have effect. 2 The court may not specify a day which falls after the…

Section 112L — Effect on other debt management arrangements

Effect on other debt management arrangements 112L 1 This section applies if— a an administration order is made, and b immediately before the order is made, other debt management arrangements are in…

Section 112M — Duty to provide information

Duty to provide information 112M 1 This section applies if, and for as long as, an administration order has effect in respect of a debtor. 2 The debtor must, at the prescribed times, provide the ...…

Section 112N — Offence if information not provided

Offence if information not provided 112N 1 A person commits an offence if he fails to comply with— a section 112M(2) and (3), or b section 112M(4). 2 A person who commits an offence under subsection…

Section 112O — Existing county court proceedings to be stayed

Existing county court proceedings to be stayed 112O 1 This section applies if these conditions are met— a an administration order is made; b proceedings in the county court (other than bankruptcy…

Section 112P — Appropriation of money paid

Appropriation of money paid 112P 1 Money paid into court under an administration order is to be appropriated— a first in satisfaction of any relevant court fees, and b then in liquidation of debts. 2…

Section 112Q — Discharge from debts

Discharge from debts 112Q 1 If the debtor repays a scheduled debt to the extent provided for by the administration order, the ... county court must— a order that the debtor is discharged from the…

Section 112R — Variation

Variation 112R 1 The ... county court may vary an administration order. 2 The power under this section is exercisable— a on the application of the debtor; b on the application of a qualifying…

Section 112S — Variation of duration

Variation of duration 112S 1 The power under section 112R includes power to vary an administration order so as to specify a day, or (if a day has already been specified under section 112K or this…

Section 112T — De-scheduling debts

De-scheduling debts 112T 1 The power under section 112R includes power to vary an administration order by de-scheduling a debt. 2 But the debt may be de-scheduled only if it appears to the ... county…

Section 112U — Duty to revoke order

Duty to revoke order 112U 1 The ... county court must revoke an administration order in either of these cases— a where it becomes apparent that, at the time the order was made, the condition in…

Section 112V — Power to revoke order

Power to revoke order 112V 1 The ... county court may revoke an administration order in any case where there is no duty under this Part to revoke it. 2 The power of revocation under this section may,…

Section 112W — Effect of revocation

Effect of revocation 112W 1 This section applies if, under any duty or power in this Part, the ... county court revokes an administration order. 2 The order ceases to have effect in accordance with…

Section 112X — Notice when order made, varied, revoked etc

Notice when order made, varied, revoked etc 112X 1 If a notifiable event occurs in relation to an administration order, the ... county court must send notice of the event to the creditor under every…

Section 112Y — Failure to take account of all qualifying debts

Failure to take account of all qualifying debts 112Y 1 This section applies if— a an administration order has been made, but b it becomes apparent that the total amount of the debtor's qualifying…

Section 112Z — Introduction

Introduction 112Z Sections 112AA to 112AH apply for the purposes of this Part.

Section 113 — Terms of approval

Terms of approval 113 1 The approval of a debt management scheme has effect subject to any relevant terms. 2 Relevant terms are— a the terms (if any) specified in regulations that relate to the…

Section 114 — Discharge from specified debts

Discharge from specified debts 114 1 This section applies if— a a debt repayment plan is arranged for a non-business debtor in accordance with an approved scheme, and b the plan comes into effect. 2…

Section 115 — Presentation of bankruptcy petition

Presentation of bankruptcy petition 115 1 This section applies during the currency of a debt repayment plan arranged in accordance with an approved scheme. 2 No qualifying creditor of the debtor is…

Section 116 — Remedies other than bankruptcy

Remedies other than bankruptcy 116 1 This section applies in relation to a non-business debtor during a period of protection. 2 No qualifying creditor of the debtor is to pursue any remedy for the…

Section 117 — Charging of interest etc.

Charging of interest etc. 117 1 This section applies in relation to a non-business debtor during a period of protection. 2 No qualifying creditor is to charge any sum by way of interest, fee or other…

Section 117A — Enforcement restriction orders

Enforcement restriction orders 117A 1 An enforcement restriction order is an order that imposes the requirements specified in sections 117C to 117E on certain creditors. 2 An enforcement restriction…

Section 117B — Power to make order

Power to make order 117B 1 The county court may make an enforcement restriction order if the conditions in subsections (2) to (8) are met. 2 The order must be made in respect of an individual who is…

Section 117C — Presentation of bankruptcy petition

Presentation of bankruptcy petition 117C 1 An enforcement restriction order must, during the currency of the order, impose the following requirement. 2 The requirement is that no qualifying creditor…

Section 117D — Remedies other than bankruptcy

Remedies other than bankruptcy 117D 1 An enforcement restriction order must, during the currency of the order, impose the following requirement. 2 The requirement is that no qualifying creditor of…

Section 117E — Stopping supplies of gas or electricity

Stopping supplies of gas or electricity 117E 1 An enforcement restriction order must, during the currency of the order, impose the requirement in subsection (3). 2 In relation to that requirement, a…

Section 117F — Repayment requirement

Repayment requirement 117F 1 An enforcement restriction order may impose a repayment requirement on the debtor. 2 The county court may include the requirement in the order at the time it makes the…

Section 117G — Application for order

Application for order 117G 1 The county court may make an enforcement restriction order only on the application of the debtor. 2 The debtor may make an application for an enforcement restriction…