HL Deb 28 July 1981 vol 423 cc673-4

42 Schedule 3, page 102, line 45, at end insert— 17A. For section 143 substitute—

"Attachment of debts.

143.—(1) Subject to any order for the time being in force under subsection (4) of this section, this section applies to the following accounts, namely—

  1. (a) any deposit account with a bank or other deposit-taking institution.
  2. (b) any withdrawable share account with any deposit-taking institution; and

(2) In determining whether, for the purposes of the jurisdiction of the county court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with county court rules, any condition mentioned in subsection (3) of this section which applies to the account shall be disregarded.

(3) Those conditions are—

  1. (a) any condition that notice is required before any money or share is withdrawn;
  2. (b) any condition that a personal application must be made before any money or share is withdrawn;
  3. (c) any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or
  4. (d) any other prescribed condition.

(4) The Lord Chancellor may by order make such provision as he thinks fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely—

  1. (a) including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order;
  2. (b) excluding from the accounts to which this section applies all accounts with any particular deposit-taking institution so specified or with any deposit-taking institution of a description so specified.

(5) Any order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section "deposit-taking institution" means any person carrying on a business which is a deposit-taking business for the purposes of the Banking Act 1979.".".

The Lord Chancellor

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 42. This is consequential on Amendment No. 6.

Moved, That this House doth agree with the Commons in the said amendment.—(The Lord Chancellor.)

On Question, Motion agreed to.