Charging Orders Act 1979 (-)
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This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.
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(5) In deciding whether to make a charging order the court shall consider all the circumstances of the case and, in particular, any evidence before it as to -
(a) the personal circumstances of the debtor; and
(b) whether any other creditor of the debtor would be likely to be unduly prejudiced by the making of the order.
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(1) ... a charge may be imposed by a charging order only on:
(a) any interest held by the debtor beneficially:-
(i) in any asset of a kind mentioned in subsection (2) below, or
(ii) under any trust; or
(b) any interest held by a person as trustee of a trust ("the trust"), if the interest is in such an asset or is an interest under another trust and:-
(i) the judgment or order in respect of which a charge is to be imposed was made against that person as trustee of the trust, or
(ii) the whole beneficial interest under the trust is held by the debtor unencumbered and for his own benefit
(2) The assets referred to in subsection (1) above are:-
(a) land, .
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(1) A Charging Order may be made either absolutely or subject to conditions as to notifying the debtor or as to the time when the charge is to become enforceable, or as to other matters.
(2) The Land Charges Act 1972 and the Land Registration Act 2002 shall apply in relation to Charging Orders as they apply in relation to other orders or writs issued or made for the purpose of enforcing judgments.
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(4) Subject to the provisions of this Act, a charge imposed by a Charging Order shall have the like effect and shall be enforceable in the same courts and in the same manner as an equitable charge created by the debtor by writing under his hand.
(5) The court by which a Charging Order was made may at any time, on the application of the debtor or of any person interested in any property to which the order relates, make an order discharging or varying the Charging Order.
(6) Where a Charging Order has been protected by an entry registered under the Land Charges Act 1972 or the Land Registration Act 2002, an order under subsection (5) above discharging the Charging Order may direct that the entry be cancelled.
