Tribunals, Courts and Enforcement Bill [HL]

This is the amendment of the noble Lord, Lord Kingsland, so he will have to decide what to do with it. However, I think clarification is called for. It would be undesirable if creditors rushed to the court to obtain charging orders on people’s homes even though the debtor was keeping up the payments. If there is a realisation of assets and the person concerned becomes wealthier as a result of his home or shares being sold, it is open at that point for the creditor to go back to court and ask for a different order. It is not necessary to hold over a person the possibility that at some future date he might sell his home or his shares and obtain a charging order for an event that may not happen. If it is a judicial decision, obviously all these issues will be considered by the court.