Document ID: chunk:federal_register_of_legislation:C2025C00167:section:205a:p3
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 205A (pt 3/4)
Character Range: 690323–692821

agreement.
 (7) The sheriff, registrar or other officer of a court shall not, in pursuance of subsection (6):
 (a) in the case of the sheriff—deliver property or pay the proceeds of the sale of property or other moneys; or
 (b) in the case of the registrar or other officer—pay moneys in court;
to the trustee of the agreement unless:
 (c) 21 days have elapsed since the day on which the personal insolvency agreement was executed; and
 (d) the sheriff, registrar or other officer, as the case may be, is satisfied that application has not been made to the Court for an order to set aside or terminate the agreement or that the application, or each application, made for such an order has been withdrawn or dismissed.
 (8) Where property is, or the proceeds of the sale of property or other moneys are, required by subsection (4) or (6) to be delivered or paid to the trustee of a personal insolvency agreement or to a debtor or a person authorized by the debtor, the costs of the execution or attachment, as the case may be, are a first charge on that property or those proceeds of sale or other moneys, as the case may be.
 (9) For the purpose of giving effect to the charge referred to in subsection (8), the sheriff, registrar or other officer of a court may retain, on behalf of the creditor entitled to the benefit of the charge, such amount from the proceeds of sale or other moneys referred to in that subsection as he or she thinks necessary for the purpose.
 (10) Where a sheriff, registrar or other officer of a court has, in pursuance of subsection (4) or (6), delivered property or paid moneys to the trustee of a personal insolvency agreement or to the debtor or a person authorized by a debtor, the creditor who issued the process of execution or instituted the attachment proceedings, or on whose behalf the process was issued or the proceedings instituted, as the case may be, may prove under the agreement as an unsecured creditor as if the execution or attachment, as the case may be, had not taken place.
 (12) Where:
 (a) property has been delivered by a sheriff, or the proceeds of the sale of property or other moneys have been paid by a sheriff, registrar or other officer of a court:
 (i) to a debtor, or a person authorised by the debtor under subsection (4); or
 (ii) to the trustee of a personal insolvency agreement under subsection (6); and
 (b) the property was in the possession of the sheriff, or the proceeds of the sale of the property or the other moneys were in