Clause 88
Tribunals, Courts and Enforcement Bill [Lords]
1:00 pm
Vera Baird (Parliamentary Under-Secretary, Department for Constitutional Affairs; Redcar, Labour)
Clause 88 (2), proposes a new subsection (7) to section 1 of the Charging Orders Act 1979, so that it will state:
“The fact that there has been no default”
will
“not prevent a charging order from being made”.
Proposed new subsection (8) states:
“But if there has been no default, the court must take that into account when considering the circumstances of the case under subsection (5).”
As I understand it, as long as instalments are being paid, those measures will prevent forced sale. By way of further clarification, the Bill adds a section (4C) to section 3 of the 1979 Act, which states:
“The charge may not be enforced unless there has been default in payment of an instalment under the instalments order.”