Civil Debt (Procedures) Act 2015

Amendment of Act of 1940

26. (1) Section 6 (as amended by section 2(1) of the Act of 2009) of the Act of 1940 is amended—

(a) in subsection (2)(b), by the deletion of “and in particular the possibility of imprisonment”,

(b) in subsection (5) —

(i) by the substitution of the following for paragraph (a)(i):

“(i) is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995 , and”,

and

(ii) by the deletion, in paragraph (b)(i), of “and in particular the possibility of imprisonment”,

(c) in subsection (6) —

(i) by the substitution of the following for paragraph (a) :

“(a) that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995 , and”,

and

(ii) by the substitution, in paragraph (b), of “order.” for “order, and in particular the possibility of imprisonment.”,

(d) in subsection (7) —

(i) by the substitution, in paragraph (a), of “such an application, or” for “such an application,”,

(ii) by the substitution, in paragraph (b), of “proceedings.” for “proceedings,”, and

(iii) by the deletion of paragraphs (c) and (d),

(e) by the deletion, subject to subsection (3), of subsections (8), (9) and (10), and

(f) in subsection (11), by the deletion, subject to subsection (3), of “(whether directly or through the Governor of the Prison)”.

(2) Subject to subsection (4), section 6A (inserted by section 2(1) of the Act of 2009) of the Act of 1940 is repealed.

(3) Where, immediately before the date on which this section comes into operation, a debtor is the subject of an order under section 6(7) of the Act of 1940, for so long as the order remains in force—

(a) subsections (9) and (10) of that section shall continue to apply in respect of the debtor, and

(b) notwithstanding the amendment of subsection (11) by this section, that subsection, before such amendment, shall continue to apply in respect of the debtor as if that amendment had not been made.

(4) Notwithstanding the repeal by this section of section 6A of the Act of 1940, that section shall continue to apply in respect of—

(a) a debtor who, immediately before the date on which this section comes into operation, is the subject of—

(i) a summons under section 6(1) of the Act of 1940, or

(ii) an order under section 6(7) of the Act of 1940,

and

(b) a debtor’s legal aid certificate, a debtor’s legal aid (appeal) certificate or a debtor’s legal aid (case stated) certificate that, immediately before the date on which this section comes into operation, has been granted to a debtor under that section.